Filing an IDEA State Complaint with the Department of Public Instruction: A Guide for Parents

Introduction 

What should I do if I disagree with my child’s school? 

Complaint Template 

This template contains 3 sections (A - C) for a Department of Public Instruction.

Complaint:

• Complaint form with signature

• Complaint description, including

  • Description of the student (name, age, grade, diagnosed disability)

  • School and school district

  • Description of the event or problem at school

  • Violation(s) of special education law 

  • Proposed resolution of the problem

• Supporting documents 

State complaints don’t have to be in this format, but this is one way to organize a complaint.

A. Complaint Form

The Department of Public Instruction’s Individuals with Disabilities Education Act (IDEA) State Complaint form can be found online.

You do not have to use this form, but it may be helpful to make sure you include all necessary information. 

The complaint form has sections for “Description of Complaint” and “Proposed Resolution.” You can write out these sections on the form, but you will likely need to add additional typed or handwritten pages to adequately describe the issue.

B. Complaint Description

1. Student

Use this section to describe who your child is and their disability-related needs. You may consider including the following:

• the child’s name.

• the child’s suspected and diagnosed disability or disabilities.

• any medical diagnoses.

• how the child’s disability impacts their ability to access their education.

• any skill deficits and needs for supports and services determined by the child’s Individualized Education Program team or treating medical professionals.

• services necessary for the child to access and progress in the general education curriculum or their education generally.

Example

Tom is a 13-year-old child diagnosed with Autism. He attends the [school district name] and is in the 7th grade. Tom has been receiving special education since first grade. He was evaluated and diagnosed with Autism when he was six years old by Dr. [doctor’s name], at the [clinic or facility name]. Tom has significant challenges with communication and expressing his emotions. Tom has difficulty understanding the emotions of others. When Tom was little, he had difficulty playing with other children and was bothered by loud noises. Now that Tom is older, he becomes frustrated easily and continues to have challenges managing and understanding his feelings. Sometimes, Tom’s behaviors and expressions of his feelings, emotions, and communication include crying, yelling, or leaving the space without asking for permission. 

Tom receives individualized instruction to help him understand his feelings and express his needs. The supports in place are to prevent emotional dysregulation and behavioral challenges. Tom’s Individualized Education Program team conducted a Functional Behavior Assessment (FBA) on [date] and developed a Behavior Intervention Plan (BIP) last year. The team agreed to increase adult support to help with behavior. Tom receives occupational and speech therapy.

For this example, a parent could submit Tom’s Individualized Education Plan, the results of the school’s functional behavioral assessment evaluation, a copy of Tom’s behavior intervention plan as well as any outside clinical assessments, if the parent has those documents.

2. Problem or Event

This section should describe the incident or series of events related to the issue with the district. You can include what action(s) by the school district have led to the alleged violations of your child’s rights. You can refer directly to the supporting documentation, such as Individualized Education Programs, Manifestation Determinations, emails, etc. Use supporting documentation (see section (C) below) to reference throughout your description of events. Adding page numbers to your documentation will allow you to easily refer to documents throughout the complaint description.

Example

The [school district name] conducted a Manifestation Determination for Tom on [date] and later expelled him for fighting with another student in the hallway after school. The incident was described by the school as follows: [quote from document here] (See [title of document], p. X).

3.  Violations of Special Education Law

This section should identify the law(s) you believe the school district violated and how. A comprehensive guide to special education laws can be found on the Department of Public Instruction's website.

Helpful overviews of special education law can be found by topic on the Department of Public Instruction's website also.

Topics include:

• Special Education Evaluations

• Free Appropriate Public Education (FAPE)

• Least Restrictive Environment (LRE)

• Manifestation Determinations

Example

1. The school failed to follow Tom’s Behavior Intervention Plan that helps prevent him from escalating. Due to their failure, Tom was inappropriately restrained resulting in emotional harm. As a result, Tom requires extra therapy sessions to help him work through his anxiety. Since the inappropriate restraint, Tom cries every morning and says he does not like school anymore. 

2. The school failed to reconvene Tom’s Individualized Education Program team after he was inappropriately restrained on [date].

4. Proposed Remedy or Resolution

To resolve the violation(s) you are alleging, you may request specific remedies in your complaint. Some available remedies that may be applicable include:

• relevant staff training.

• convening an Individualized Education Program meeting to reconsider or discuss a certain issue.

• conducting a re-evaluation of the child or obtaining reimbursement by the school district for an independent educational evaluation.

• implementation of the child’s Individualized Education Program with fidelity.

• returning the child to their educational placement (if you are alleging the child was improperly removed or has been segregated from their peers for reasons that are not included in the Individualized Education Program).

• compensatory education or services for all periods when the child was entitled to educational services by the district.

• other and further remedies as the Department of Public Instruction deems proper (always include).

Is there something you feel the teachers need to be able to meet the student’s needs? Is there something the district can provide to make up for educational opportunities your child lost due to the district’s actions? Any remedies sought should be reasonable, relevant to your complaint, and based on your child’s disability-related needs. Keep in mind that educational remedies under the Individuals with Disabilities Education Act are different from financial damages in civil lawsuits, which are not addressed through the state complaint administrative process.

C. Supporting Documents

The Department of Public Instruction’s role is to investigate your complaint and determine if the district violated special education law. It is important for the investigator to have all documents necessary to thoroughly investigate your complaint. Remember that the Department of Public Instruction investigator does not know you or your child, or what the problem is – so documentation is crucial for them to understand the issue.

Adding page numbers to your documents will make them easy to reference throughout your complaint.

In this section, you can make a numbered or bullet point list of documents you are submitting with your complaint. If you have already organized your child’s records, the documents will be accessible and ready to copy. You may include any documentation that supports the statements in your complaint. Some examples of supporting documentation include:

• the child’s current and past Individualized Education Programs.

• Behavioral Intervention Plans.

• educational evaluations, including Functional Behavior Assessments.

• copies of medical evaluations.

• relevant report cards and progress reports.

• attendance records.

• behavioral or incident reports.

• disciplinary records.

• suspension and / or expulsion notices.

• seclusion and restraint reports.

• copies of emails or text messages between you and district staff.

Sending Your Complaint to the Department of Public Instruction

You must send a copy of your complaint to both the school district and the Department of Public Instruction. You can send the complaint to the department:by mail:

Director
Special Education Team 
Wisconsin Department of Public Instruction
P.O. Box 7841
Madison, WI 53707-7841
by e-mail: idea@dpi.wi.gov
by fax: 608-267-3746

What Happens After You Send Your Complaint to the Department of Public Instruction?

The Department of Public Instruction will send you and the district a complaint acknowledgment after receiving the complaint. You can follow up with the department if you don’t receive an acknowledgement within two weeks of filing. The department will assign an investigator to your complaint. The investigator will interview district staff and request records. They will also contact you to collect more information and possibly do an interview. 

The Department of Public Instruction has 60 days to make a decision on your complaint. Their decision will be in a written letter sent to you. If the department finds that the district violated special education law, they may order the district to take corrective action – which can come in the form of re-doing a meeting, ordering compensatory services, considering alternative placements, etc. 

Whether or not you participate in mediation is up to you. Keep in mind that mediating will usually result in putting a pause on Department of Public Instruction’s 60-day decision timeline.

Additional Resources

• For a guide to special education laws, policies, and practices in Wisconsin, read the Special Education in Plain Language handbook by the Wisconsin Department of Public Instruction.

• For more information on how to write letters and complaints to the school district, read “The Art of Writing Letters” on Wrights Law.

• For more information on organizing your child’s educational records, read “Organizing Your Child’s Special Education File: Do It Right” on Wrights Law.
  For an example of a Department of Public Instruction complaint decision requiring the child’s Individualized Education Program team to meet to discuss compensatory services, read “IDEA Complaint Decision 15-053” on the Department of Public Instruction's website.