Complaints: LEA DETERMINES CHILD IS ELIGIBLE FOR SPED, ADMINISTRATIVE COMPLAINT?

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Alexandra:  Child was evaluated by the LEA. Parent disagrees with the validity of the evaluation. Parent requested an IEE at the public’s expense. LEA filed for Due Process. Would an administrative complaint be a viable option for airing the grievance if the parent withdraws their request for the IEE and the LEA withdraws their Due Process complaint?

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Probably not. An “administrative complaint” is a complaint to the State Education Agency (SEA). If an issue may be litigated (like the right to an IEE), it’s a mistake to file a state complaint. Read 18 Tips on Filing Complaints by Pat Howey here: http://www.wrightslaw.com/howey/complaints.tips.pdf

The parent has a right to an IEE. The district must consent to the IEE at public expense or request a due process hearing and prove to a hearing officer that the school evaluation was sufficient. A due process hearing is a lot more expensive than an IEE so in practice, most school districts aren’t foolish enough to go down that road. There are exceptions.