State Complaint

A state complaint may be filed by parents, an organization, or a person who is not related to the child. A state complaint must include:

• A statement that a public agency has violated a requirement of Part B of IDEA;
• Facts on which the statement is based;
• The signature and contact information of the person filing the complaint;
• With respect to a specific child, the name and address of the residence of the child;
• The name of the school the child attends. In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;
• A description of the nature of the problem of the child, including facts relating to the problem;
• A proposed resolution of a problem to the extent known and available to the party at the time the complaint is filed and;
• The date or dates when the alleged violation(s) occurred, which cannot be more than one year prior to the date that the complaint is received by the state educational agency (SEA) and the local educational agency or public agency serving the child;
• The party filing the complaint must forward a copy of the complaint to the District at the same time the party files the complaint with the SEA.

SCDE has developed a model form to assist parents and other parties in filing a state complaint. This form can be accessed by clicking on the "Complaint Form" link below. Note: Using the model form to file a complaint is not required. Another form or document may be used so long as the form or document includes the content required for filing a state complaint. For the process to begin, the person filing the complaint must provide a copy of the complaint to the OSES and to the local educational agency.
The local educational agency will be given the opportunity to respond to the state complaint, including making a proposal to resolve the complaint.
The OSES will complete an investigation within 60 calendar days, with limited exceptions, and issue a written decision that addresses each of the allegations in the complaint. If the OSES finds that the local educational agency has failed to meet a requirement of the IDEA, the OSES will direct the local educational agency to complete corrective actions (such as compensatory special education services or monetary reimbursement), as necessary to address the failure.

State Complaint Forms

• Online State Complaint Form
• Printable State Complaint Form
• Printable State Complaint Form - Spanish

Resources

The South Carolina Department of Education SCDE, Office of Special Education Services, has adopted procedures for resolving any complaint, including a complaint filed by an organization or individual from another State in accordance with 34 C.F.R. §§ 300.151 through 300.153. Information about State complaint procedures can be found on pages thirteen through sixteen of the Procedural Safeguards Notice located under Dispute Resolution Information – Procedural Safeguards Notice.