Filing a State Complaint in Kentucky
How do you file a state complaint about an IEP violation in Kentucky?
Kentucky provides three primary dispute resolution options for special education disputes: state complaint, mediation, and due process hearing, all governed by 707 KAR 1:340. State complaints are filed in writing with the Kentucky Department of Education's Office of Special Education and Early Learning (OSEEL). Any organization or individual — including someone from outside the state — may file a signed written complaint alleging that an LEA or other agency violated 707 KAR Chapter 1 or IDEA regulations, as long as the violation occurred within one year of the complaint filing date (707 KAR 1:340, Section 8). The KDE has 60 calendar days to complete an independent investigation and issue a written decision addressing each allegation with findings and conclusions (707 KAR 1:340, Section 8(1)(a)). A party may appeal the complaint decision to the KDE Commissioner within 15 business days of receipt (707 KAR 1:340, Section 8). Mediation is voluntary, confidential, and available at no cost; sessions must be scheduled within 60 days and are conducted by impartial mediators selected randomly from a KDE-maintained list (707 KAR 1:340, Section 10). Mediation does not delay or deny a party's right to a due process hearing. Any mediation agreement is legally binding (707 KAR 1:340, Section 10).
What Kentucky Requires
Any organization or individual may file a written complaint with OSEEL alleging a violation of 707 KAR Chapter 1 or IDEA; the alleged violation must have occurred within one year of the complaint filing date (707 KAR 1:340, Section 8).
The complaint must include: statement of alleged violation, facts supporting the statement, complainant's signature and contact information, child's name and residence, school name, problem description, proposed resolution, and proof the violation occurred within the one-year period (707 KAR 1:340, Section 8(3)).
The Kentucky Department of Education has 60 calendar days to independently investigate and issue a written decision addressing each allegation (707 KAR 1:340, Section 8(1)(a)).
A party may appeal a complaint decision to the KDE Commissioner within 15 business days of receiving the decision (707 KAR 1:340, Section 8).
Mediation is voluntary, at no cost, conducted by impartial mediators randomly selected from a KDE list, and must be scheduled within 60 days (707 KAR 1:340, Sections 9-10).
Mediation agreements are legally binding; either party may void an agreement within 3 business days (707 KAR 1:340, Section 11).
Key Timelines
KDE has 60 calendar days to investigate a state complaint and issue a written decision (707 KAR 1:340, Section 8(1)(a)).
Complaint appeal to the KDE Commissioner must be filed within 15 business days of receiving the decision (707 KAR 1:340, Section 8).
Mediation sessions must be scheduled within 60 days at a mutually convenient location (707 KAR 1:340, Section 10).