Filing a State Complaint in Wyoming

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

Wyoming maintains a State Complaint process administered by the Wyoming Department of Education (WDE) Special Education Programs unit, consistent with 34 CFR 300.151–300.153 and WY Rules Ch. 7 § 14. Any individual or organization may file a written complaint alleging that the district has violated IDEA or state special education law. The WDE must complete its investigation and issue a written decision within 60 calendar days of receiving a complaint. Wyoming does not have a mandatory mediation step before filing a complaint, though mediation is available as an alternative or concurrent dispute resolution option. Complaints may allege violations occurring within one year prior to the complaint filing. If the WDE finds a violation, it must order corrective action and, where appropriate, compensatory services for the student.

What Wyoming Requires

Any individual or organization may file a written complaint with the Wyoming Department of Education alleging a violation of IDEA or state special education law (WY Rules Ch. 7 § 14; 34 CFR 300.153).

The written complaint must include a statement of the alleged violation and facts on which it is based, and be signed and filed within one year of the alleged violation (34 CFR 300.153(b)(c)).

The WDE must resolve the complaint and issue a written decision within 60 calendar days of receipt (WY Rules Ch. 7 § 14; 34 CFR 300.152(a)).

The WDE may extend the 60-day timeline under exceptional circumstances, such as if an agreement is reached under mediation during the investigation period (34 CFR 300.152(b)).

If a violation is found, the WDE must order corrective action and, where appropriate, compensatory services for the individual student (WY Rules Ch. 7 § 14; 34 CFR 300.151(b)).

Complaints may be filed concurrently with a due process hearing request, though the WDE complaint may not investigate issues that are the subject of an active due process hearing (34 CFR 300.152(c)).

Key Timelines

60 calendar days: WDE must issue a written decision on a state complaint (WY Rules Ch. 7 § 14; 34 CFR 300.152(a)(1)).

1 year: allegations must have occurred no more than one year before the complaint filing date (34 CFR 300.153(c)).

WDE may extend the 60-day timeline for exceptional circumstances or mediation agreement (34 CFR 300.152(b)).

Sources

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