Filing a State Complaint in Washington
How do you file a state complaint about an IEP violation in Washington?
Washington's state complaint process is governed by WAC 392-172A-05025 through 05045. Any organization or individual, including those from other states, may file a written complaint with OSPI's special education division alleging that a school district or other public agency has violated Part B of IDEA or WAC 392-172A. The complaint must allege a violation occurring not more than one year prior to the filing date and must include: a statement of the alleged violation, supporting facts, the complainant's signature and contact information, the name and address of the school district or agency involved, and for student-specific complaints, the student's name, school, and description of the problem with proposed resolution if known (WAC 392-172A-05025). A copy must be simultaneously filed with the agency. OSPI must issue a written decision within 60 days of receipt (WAC 392-172A-05030). If a violation is found, OSPI may order compensatory education, monetary reimbursement, or other corrective action; noncompliance with OSPI orders may result in fund withholding (WAC 392-172A-05030). OSPI — the Office of Superintendent of Public Instruction — is Washington's state education agency responsible for special education oversight, enforcement, and state complaint investigation.
What Washington Requires
Any organization or individual may file a written state complaint with OSPI alleging violations of IDEA Part B or WAC 392-172A (WAC 392-172A-05025(1)).
The complaint must allege a violation occurring not more than one year before the filing date (WAC 392-172A-05025(2)(b)).
The complaint must include: statement of violation, supporting facts, complainant contact information, agency name and address, and for student-specific complaints, student and school information (WAC 392-172A-05025(2)).
A copy must be simultaneously served on the school district or agency named in the complaint (WAC 392-172A-05025(3)).
If a violation is found, OSPI may order compensatory education, monetary reimbursement, or other corrective action (WAC 392-172A-05030(2)(b)).
Noncompliance with OSPI orders may result in fund withholding or fund recovery (WAC 392-172A-05030(3)).
Key Timelines
OSPI must issue a written decision within 60 days of receiving the complaint (WAC 392-172A-05030(1)).
The complaint must allege a violation occurring within one year of the filing date (WAC 392-172A-05025(2)(b)).
The 60-day decision period may be extended by exceptional circumstances or if parties agree to alternative dispute resolution (WAC 392-172A-05030(1)).