Chapter 7: When Things Aren't Going Well

Complaints

Complaints must address alleged violations that occurred within one year prior to the date that the complaints are filed. Complaints may address alleged violations that occurred within three years prior to the date that the complaint is filed if the parent is requesting compensatory services. The MDOE has a 60 day time frame with which to conclude an investigation and issue a written decision.

Timeline for Complaint Investigation Complaint Investigation must be completed within 60 days from receipt of the written request.

Typically, in a Complaint, a complaint investigator will be assigned to:

• Examine all pertinent evidence
• Conduct interviews with individuals on both sides (if necessary);
• Conduct an on site investigation (if necessary);
• Provide the parent and the school an opportunity to submit additional information, either orally or in writing;
• Review all relevant information and make a preliminary determination;
• Convene a complaint resolution meeting (if necessary) to discuss the preliminary findings and develop a proposed resolution; and
• Send written decision to the Commissioner of Education.

Commissioner sends copy of decision to both parties that address each allegation stated in the complaint.

Complaint investigation reports must include findings of fact, conclusions and the reasons for the final decision. An explanation of any extension of the 60 day time limit must also be included.

Procedures for effective implementation of the final decision, if needed, including technical assistance activities, negotiations, and corrective actions to achieve compliance on the school's behalf, will be provided through MDOE.

FMI See MSER Chapter 101, Section 12.11 H, page 71.