Complaints Information Santina Thibedeau March 5, 2009

When to file a complaint  A complaint is filed when “someone” believes that a public agency (generally the school district) has violated a special education law or rule.  The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received by the NHDOE

When to file for a due process hearing  A due process hearing is filed when you disagree with an IEP decision. Example – Complaint – The district did not provide speech services as written in the IEP. Due Process Hearing – The parent believes that the child needs more speech services than written in the IEP.

IDEA 2004  State Complaint Procedures –Sec Adoption of State complaint procedures –Sec Minimum State complaint procedures –Sec Filing a complaint

IDEA 2004  Sec Adoption of State complaint procedures –This section outlines that each State must adopt written procedures

IDEA 2004  Sec Minimum State complaint procedures –This section outlines that each State must have  Time limits; minimum procedures  Time extension; final decision; implementation

IDEA 2004  Sec Filing a complaint –This section outlines that each State must have a procedure for filing a written complaint

NH Rules for the Education of Children with Disabilities   PART Ed COMPLAINT PROCEDURES – –Ed Filing a Complaint. – –Ed Investigation of Complaints and Complaint Procedures. – –Ed Resolution of Complaints. – –Ed Reconsideration and Appeals.

NHDOE Process  Written complaints are date stamped  A letter is sent to the individual filing the complaint acknowledging receive of written complaint  Written complaint is reviewed to determine allegations  Investigator is assigned and begins the investigation  Letter is sent to parents and district outlining allegations  Investigator submits documentation  Commissioner determines findings and a certified letter is sent to both parents and district

Federal Reporting Requirements  Dispute Resolution, Table 7 -- July 1, - June 30 due November 1  Information from Table 7 used for indicators B16, B17 & B19 in SPP/APR

Information used from Table 7 for Indicator 16 SECTION A: WRITTEN, SIGNED COMPLAINTS (1) Written, signed complaints total ___ – –(1.1) Complaints with reports issued ___   (a) Reports with findings ___   (b) Reports within timeline ___   (c) Reports within extended timelines ___ – –(1.2) Complaints withdrawn or dismissed ___ – –(1.3) Complaints pending ___   (a) Complaints pending a due process hearing ___

Summary of Information from the State Performance Report and Annual Performance Reports for Indicator 16

SourceTime FrameWritten, signed complaint Total (1) Complaints with reports issued (1.1) Complaints with reports issued within timelines (1.1)(b) Complaints with reports issued within extended timelines (1.1)(c) SPP APR APR APR Table 7

Extended Timelines Complaints with reports issued within extended timelines  37 out of 45 complaints had 3 or more allegations  1 complaint had 27 allegations Complaints with reports issued within extended timelines  17 of the 26 complaints had 3 or more allegations  One complaint had 18 class action allegation Complaints with reports issued within extended timelines  5 of the 21 complaints had 3 or more allegations  Parents amended 2 of the 21 complaints  1 Parent moved

Voluntary Corrective Actions Complaints with reports issued 7 Voluntary Corrective Actions 10% Complaints with reports issued 3 Voluntary Corrective Actions 8% Complaints with reports issued 3 Voluntary Corrective Actions 9%

Substantiated Allegations July 1, 2002 – June 30, 2008  Providing special education services, accommodations and modifications  Obtaining written consent from parents  Providing related services  Providing Extended School Year Services  Failure to convene the IEP team

Updates  Providing special education services, accommodations and modifications –NHDOE continues to monitor this  Focus Monitoring Process  Private Special Education Program Approval Process –When private special education schools are identified with a child specific citation; the school district is also cited  Complaint process – order Technical Assistance, Professional Development, compliance monitoring  Commissioner’s orders

Updates (continued)  Obtaining written consent from parents –Rule making process – (d)  Parental consent is needed for the evaluation process and needed for the extension by no more than 15 days

Updates (continued)  Providing related services –NHDOE continues to monitor this  Focus Monitoring Process  Private Special Education Program Approval Process –When private special education schools are identified with a child specific citation; the school district is also cited  Complaint process – order Technical Assistance, Professional Development, compliance monitoring  Commissioner’s orders

Updates (continued)  Providing Extended School Year Services –Guidance memo sent to the field on July 23, 2007 – e/organization/instruction/SpecialEd/doc uments/documents/FY2008Memo4ESY.p df e/organization/instruction/SpecialEd/doc uments/documents/FY2008Memo4ESY.p dfhttp:// e/organization/instruction/SpecialEd/doc uments/documents/FY2008Memo4ESY.p df

Updates (continued)  Failure to convene the IEP team –Rule making process – Ed (b) (c)  Outlines the process when parent requests an IEP team meeting

Number of Contracted Investigators Began with 5 contracted investigators Ended with 5 contracted investigators Began with 8 contracted investigators Ended with 8 contracted investigators Began with 6 contracted investigators Ended with 5 contracted investigators Began with 3 contracted investigators 2 contracted investigators are going through the G&C process

Outcomes of the Complaint’s Corrective Action  Procedural Change  Technical Assistance  Professional Development  Compensatory Education

Steps Taken by NHDOE  Professional Development for Investigators  Continue to monitor the substantiated allegations  Reorganized support staff time  Added a letter acknowledging the receipt of the complaint  Staff hired to monitor corrective actions within a complaint  Consultant on Call ( ) assisting school districts and parents

Next Steps for the NHDOE  Re-issue the Request for Proposal for additional investigators  Explore additional staff for complaint oversight  Provide direct training for all investigators.