A formal written complaint is a dispute resolution mechanism that when filed against an LEA triggers a formal investigation by the LDE that culminates in written findings addressing each allegation in the complaint and any necessary corrective action the LEA must take if violations of special education laws or regulations are found.1  Formal written complaints can be filed by any organization or individual and do not have to allege violations with respect to a specific student, making it an ideal mechanism for challenging illegal policies and addressing systemic issues within an LEA.2

The LDE provides a Formal Complaint Request form on its website that includes sections for providing all of the required information along with instructions for submitting the complaint to the Legal Division.3  While the form is much too short to contain the factual allegations and proposed remedies necessary for a complete complaint, the form should be used as a cover page to which the substantive allegations of the complaint are attached.4  A copy of the complaint must be forwarded to an official of the LEA serving the student when it is filed with the LDE.5

In terms of content, a formal written complaint must include the following information: (1) a statement that a public agency has violated a requirement of the IDEA or state regulations; the facts on which the statement is based; (3) the signature and contact information of the complainant; (4) if alleging violations with respect to a specific student, the name and address of the student and the name of the school the student is attending; (5) a description of the nature of the child’s problem, including facts relating to the problem; and (6) a proposed resolution to the problem to the extent known and available to the party at the time of filing.6

The LDE will only investigate allegations of violations that occurred within a year prior to the submission of the complaint, so no facts related to earlier events should be included unless needed to provide essential context or background information.7  Formal written complaints should generally be as detailed as possible and include all supporting documentation and evidence of violations as attached exhibits.

• 1See 34 C.F.R. § 300.152; La. Bulletin 1706 § 153.
• 2See La. Bulletin 1706 § 152.
• 3See La. Dep’t of Educ., Request for Special Education Formal Complaint Investigation.
• 4A formal complaint may be structured and styled similarly to a due process hearing request complaint if desired. For an example of the latter, see Section 9.
• 5La. Bulletin 1706 § 152(D).
• 6Id. § 152(B).
• 7Id. § 152(C).

Once a formal written complaint is filed, a 15-day early resolution period goes into effect during which the LDE will not commence its investigation.1  During this period, the LEA must follow its early resolution process.2  The early resolution process typically involves a meeting with the LEA’s Early Resolution Process representative to attempt to negotiate a resolution to the complaint.3  The parties may agree to extend the early resolution period in writing if additional time is needed.4

If the parties are unable to resolve the complaint or there is only a partial resolution, the LDE must complete its investigation of any unresolved allegations and issue a decision within 45 days of the expiration of the early resolution period.5  Extensions of this timeline are only possible if exceptional circumstances exist with regard to a particular complaint or if both parties agree to an extension for further attempts to resolve the complaint through negotiation.6

At the start of the investigation, the LDE will ask the LEA to provide any specific information needed within a reasonable time and give the LEA an opportunity to respond to the allegations or to offer a proposal to resolve the complaint.7  The complaining party will also be given an opportunity to provide additional information either orally or in writing.8  The LDE then reviews all relevant information and determines whether an independent on-site investigation is needed.9

At the conclusion of the investigation, the LDE must issue a written decision containing findings of fact and law for each remaining allegation of the complaint.10  If there is a finding that the LEA has failed to provide appropriate services, the available remedies include appropriate corrective action, such as compensatory services or monetary reimbursement, that address the student’s needs, and, if appropriate, remedies that address the future provision of services for all students with disabilities.11

If either party believes that the LDE has made an error in its findings, that party may submit a request for reconsideration within 10 days of receiving the investigation report.12  The reconsideration request cannot include any documents or other information not already submitted with the complaint or during the investigation process.13  Properly filed requests for reconsideration will be reviewed by a panel of individuals appointed by the director of the LDE’s legal division.14  The panel must issue a written decision within 30 days of receiving the reconsideration request, but the provision of FAPE and any required corrective action cannot be delayed or denied while the request for reconsideration is pending.15

If a formal written complaint contains any allegations that are also the subject of a pending due process hearing, the LDE will set aside any part of the complaint that is a subject of the due process hearing but will still resolve any other issues in the formal written complaint according to the normal procedures.16  If an issue raised in a formal written complaint has already been decided in a due process hearing, the due process hearing decision is binding and may not be reconsidered.17

• 1La. Bulletin 1706 § 153(A).
• 2Id. § 153(C)(1).
• 3See id.
• 4Id. § 151(C)(3). Such an extension would likely be necessary if the parties opt to attempt to resolve the complaint through mediation.
• 5Id. § 153(A)(1)(b).
• 6Id. § 153(F).
• 7Id. § 153(A)(2).
• 8Id. § 153(B).
• 9Id. § 153(C).
• 10Id. § 153(E).
• 11Id. § 153(H).
• 12Id. § 153(I).
• 13Id. § 153(I)(4).
• 14Id. § 153(I)(7).
• 15Id. § 153(I)(7)–(9).
• 16Id. § 153(G)(1).
• 17Id. § 153(G)(2).