POLICY LETTER: September 21, 2001 to New York State SAFE President Holly B. Nann

Dated September 21, 2001Ms. Holly B. NannPresident New York State SAFEP.O. Box 192Schuylerville, New York 12871Dear Ms. Nann:This is a response to your letter to former Assistant Secretary Judith E. Heumann, in which you allege that the State of New York has failed to consider complaints filed by your advocacy organization, Schools are for Everyone (SAFE), as required by the Individuals with Disabilities Education Act (IDEA). Specifically, your letter requests clarification of regulations governing the State complaint process, and whether a complaint that alleges that statistical data show system-wide failures to provide children with disabilities a free appropriate public education (FAPE) in the least restrictive environment (LRE) may constitute a basis for filing a complaint. Set forth below is an explanation of the requirements for filing a complaint with a State educational agency (SEA) and the obligations the State has in responding to a filed complaint.With respect to filing a complaint, an SEA must consider a signed written complaint by an organization or individual that includes a statement that a public agency has violated a requirement of Part B of the IDEA. The complaint must include the facts on which the statement is based. In addition, the complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with the State's compliant procedures unless a longer period is reasonable because the violation is continuing, or the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date the complaint is received. See 34 CFR 300.662. Further, each SEA shall have a written complaint procedure for resolving any complaint, including a complaint filed by an organization or individual from another State, including conducting an on-site investigation if the SEA determines it necessary. See 34 CFR 300.660-300.661. In other words, an SEA is required to resolve any [emphasis added] complaint, but not necessarily investigate, that meets the requirements of 300.662, including a systemic complaint alleging that a public agency has failed to provide FAPE to a group of children with disabilities. Thus, the SEA would be required to follow the State complaint procedures outlined in 300.661Patricia J. GuardActing DirectorOffice of Special Education ProgramsAttachments: Complaint Resolution Procedures Memoscc:Mr. Lawrence C. GloecklerNew York State Education DepartmentPAGE 1Page PAGE 2 - Ms. Holly B. Nann