6.4.1 Filing the Complaint

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).