Filing a State Complaint in Colorado
How do you file a state complaint about an IEP violation in Colorado?
Colorado's state complaint procedures are established in 1 CCR 301-8 (ECEA Rules), §7.06 and operate consistent with 34 CFR §§300.151–300.153. The Colorado Department of Education (CDE) Exceptional Student Services Unit (ESSU) accepts, investigates, and resolves state-level complaints about violations of IDEA or the ECEA. Any individual or organization may file a complaint with the CDE alleging that an AU, state-operated program, or approved facility school has violated IDEA or the ECEA within the past year. The CDE must resolve a state complaint within 60 calendar days of receipt, unless exceptional circumstances exist or both parties agree to an extension. CDE decisions on state complaints are not subject to appeal, but the same issues may be raised in a due process proceeding under §6.02(7.5); however, a subsequent due process proceeding will not delay implementation of CDE state complaint remedies unless specific conditions are met (ECEA Rules §7.06(3)).
What Colorado Requires
Any individual or organization may file a state complaint with the Colorado Department of Education (CDE) Exceptional Student Services Unit alleging that an AU, state-operated program, or facility school violated IDEA or the ECEA (1 CCR 301-8, §7.06; 34 CFR 300.153).
State complaints must allege a violation that occurred not more than one year before the date the complaint is received (34 CFR 300.153(c)).
The CDE must investigate and resolve state complaints within 60 calendar days of receipt, unless an extension is granted or exceptional circumstances apply (34 CFR 300.152(a)).
CDE state complaint decisions are not subject to appeal, but the same issues may be raised in a separate due process complaint (1 CCR 301-8, §7.06(3)).
CDE publishes state complaint procedures on its website as required by 34 CFR 300.151(a)(2) and includes them in the procedural safeguards notice (1 CCR 301-8, §7.06(2)).
Key Timelines
State complaint must allege a violation within the past 12 months (34 CFR 300.153(c)).
CDE must resolve state complaint within 60 calendar days of receipt (34 CFR 300.152(a); 1 CCR 301-8, §7.06).
Within 90 days of a monitoring finding of non-compliance, the AU must provide a corrective action plan (1 CCR 301-8, §7.05(3)).