Filing a State Complaint in North Dakota
How do you file a state complaint about an IEP violation in North Dakota?
North Dakota provides a state complaint investigation process through the North Dakota Department of Public Instruction (NDDPI) Special Education Division, implementing 34 CFR 300.151-300.153 and NDCC § 15.1-32-17. Any individual or organization may file a written complaint alleging that a school district or other public agency has violated a requirement of Part B of IDEA or North Dakota special education law. Complaints must be filed with NDDPI within one year of the alleged violation. NDDPI must complete its investigation and issue a written decision within 60 calendar days of receiving the complaint, unless an extension is granted for exceptional circumstances or the parties agree to extend the timeline to pursue mediation. If noncompliance is found, NDDPI's decision must include corrective actions and a timeline for implementation. Complaints related to specific student issues may also be resolved through mediation (NDCC § 15.1-32-18) or due process hearings (NDCC § 15.1-32-19). Retaliation against a person who files a complaint is prohibited.
What North Dakota Requires
Any individual or organization may file a written state complaint with NDDPI alleging violations of federal or state special education requirements (34 CFR 300.153; NDCC § 15.1-32-17).
The complaint must be filed within one year of the alleged violation (34 CFR 300.153(c)).
The complaint must be in writing, signed, and include the student's information, specific alleged violation, and facts on which the allegation is based (34 CFR 300.153(b)).
NDDPI must complete its investigation and issue a written decision within 60 calendar days, with findings of fact and corrective actions if noncompliance is found (34 CFR 300.152(a); NDCC § 15.1-32-17).
A copy of the complaint must be forwarded to the school district or other public agency on the date the complaint is received by NDDPI (34 CFR 300.152(c)(1)).
Key Timelines
State complaints must be filed within one year of the alleged violation (34 CFR 300.153(c)).
NDDPI must issue a final decision within 60 calendar days of receiving the complaint (34 CFR 300.152(a); NDCC § 15.1-32-17).
The 60-day timeline may be extended for exceptional circumstances or by agreement for mediation (34 CFR 300.152(b)).
Corrective actions must be completed within the timeframe specified in NDDPI's final decision.