Filing a State Complaint in Virginia

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

Virginia provides a formal state complaint process through the Virginia Department of Education (VDOE) for allegations that a public agency has violated special education law or regulations (8VAC20-81-200). Any individual or organization may file a written complaint with VDOE. The complaint must allege a violation that occurred within one year prior to the date the complaint is received (8VAC20-81-200.B). Complaints must include the complainant's signature, contact information, a statement of the alleged violation with supporting facts, and for child-specific complaints, the child's name, school name, problem description, and proposed resolution. A copy must also be submitted simultaneously to the local educational agency. Within seven days of receipt, VDOE determines whether the complaint is sufficient (8VAC20-81-200.C). The public agency has 10 business days to submit a written response. VDOE must complete the investigation and resolve the complaint within 60 calendar days (8VAC20-81-200.D.4.c), with extensions allowed for exceptional circumstances or if parties agree to mediation. If noncompliance is found, the public agency must develop a corrective action plan within 30 business days (8VAC20-81-200.F). Either party may appeal the final decision within 30 calendar days (8VAC20-81-200.E). State complaints are handled by VDOE's Office of Dispute Resolution and Administrative Services (ODRAS). The state complaint process is separate from and may be pursued simultaneously with a due process hearing.