Filing a State Complaint in Kansas
How do you file a state complaint about an IEP violation in Kansas?
Kansas has a state complaint process administered by the Kansas State Department of Education (KSDE) under K.A.R. 91-40-48 and 34 CFR 300.151-300.153. Any individual or organization may file a written complaint with KSDE alleging that a Kansas school district has violated IDEA or state special education law. The complainant must provide a statement of the alleged violation and relevant facts, include the signature and contact information of the complainant, and if alleging a violation related to a specific child, identify the child and describe the nature of the problem. KSDE must investigate all written complaints and issue a written decision within 60 calendar days of receipt, unless exceptional circumstances justify an extension (K.A.R. 91-40-48; 34 CFR 300.152). KSDE may extend the timeline by written agreement with the complainant or if exceptional circumstances exist. If KSDE finds a violation, the decision must include corrective actions and a timeline for compliance. A complaint may address issues going back no more than one year from the date of the complaint (K.A.R. 91-40-48; 34 CFR 300.153(c)).
What Kansas Requires
Written complaints may be filed with KSDE by any individual or organization alleging a violation of IDEA or Kansas special education regulations (K.A.R. 91-40-48; 34 CFR 300.153).
Complaints must be in writing, signed, and include a statement of the violation, the facts, and the complainant's contact information (K.A.R. 91-40-48; 34 CFR 300.153(b)).
KSDE must complete its investigation and issue a written decision within 60 calendar days of receiving the complaint (K.A.R. 91-40-48; 34 CFR 300.152(a)).
Complaints may cover violations that occurred no more than one year before the complaint is filed (K.A.R. 91-40-48; 34 CFR 300.153(c)).
If a violation is found, the KSDE decision must include required corrective actions and timelines for the district to achieve compliance (34 CFR 300.152(b)).
Complaints may be filed concurrently with a due process hearing request, but KSDE will hold the complaint investigation in abeyance pending the due process ruling on issues pending in both proceedings (34 CFR 300.152(c)).
Key Timelines
KSDE must issue a written decision within 60 calendar days of receiving a complaint (K.A.R. 91-40-48; 34 CFR 300.152(a)).
Complaints must relate to events no more than one year before the filing date (K.A.R. 91-40-48; 34 CFR 300.153(c)).
Timeline may be extended by written agreement with complainant or for exceptional circumstances (34 CFR 300.152(a)).