Understanding the
IEP Complaint Procedure

The complaint procedure is used to investigate a claim made against a school district for not complying with the law. Each school district should have a formalized procedure in place. If you believe a district has violated a legal duty or has not followed the requirements of IDEA, you should use the complaint procedure and file a formal grievance. This is different than the due process procedure. Due process is used to challenge factual components of an IEP while the other is used to file a legal grievance.

You should file your grievance within a year of the incident. Your district may have a specific form, you may write your own letter or use a form provided by the County or State Board of Education.

The document should include your name, phone number, address, child’s name, school and district. You should offer a short description of the concern, the violation that occurred, any dates and times, the section of IDEA that was violated and the remedy you are seeking. Within 60 days, the State must issue a decision. Often, the district will try to resolve the issue before it reaches the County or State level.

If your issue involves a disagreement regarding IEP services, you should not file a complaint. In this situation, the mediation process should be utilized instead of the complaint procedure.