Filing a State Complaint in New York

How do you file a state complaint about an IEP violation in New York?

New York provides multiple dispute resolution mechanisms beyond the due process hearing system, including state complaints filed with NYSED and voluntary mediation. The state complaint process is governed by 8 NYCRR Section 200.5(l) and 34 CFR Sections 300.151-153. Any individual or organization may file a signed, written state complaint with NYSED alleging that a school district or public agency has violated federal or state law or regulation relating to the education of students with disabilities. The complaint must allege a violation that occurred not more than one year prior to the date the complaint is received by NYSED (8 NYCRR Section 200.5(l)). Upon receipt, NYSED investigates the complaint and must issue a written decision within 60 calendar days of receiving the complaint, with proposed resolution of each allegation (34 CFR Section 300.152(a)). The 60-day timeline may be extended if exceptional circumstances exist or if the parties agree to engage in mediation and provide written notification to NYSED (8 NYCRR Section 200.5(l)). The complaint must include: the signature and contact information of the complainant, a statement that the district has violated a requirement of IDEA or state law, the facts on which the complaint is based, and the name and address of the student's residence (34 CFR Section 300.153). If the complaint alleges violations regarding a specific child, it must also include the name and address of the child, the name of the school the child is attending, a description of the nature of the problem, and a proposed resolution. NYSED must provide the school district with a copy of the complaint and an opportunity to respond, and may conduct an independent on-site investigation if necessary. Mediation is a separate, voluntary dispute resolution process under 8 NYCRR Section 200.5(h). Mediation is available whenever a due process complaint is filed, but also may be requested at any time to resolve disputes regarding identification, evaluation, placement, or provision of FAPE, whether or not a due process complaint has been filed. Mediation is provided at no cost to parents, must be conducted by a qualified and impartial mediator trained in effective mediation techniques, and must not be used to deny or delay a parent's right to a due process hearing. Discussions during mediation are confidential and may not be used as evidence in any subsequent hearing or civil proceeding (8 NYCRR Section 200.5(h)). If an agreement is reached, it must be set forth in a written mediation agreement signed by both the parent and a representative of the district who has authority to bind the district, and the agreement is enforceable in any state court of competent jurisdiction or federal district court (8 NYCRR Section 200.5(h)).