How to File a Special Education Legal Complaint

Before you file a legal complaint with your state’s education agency, consider these questions:

Is your concern about something that happened within the last year?

If the answer is no, it is too late to file a legal complaint due to time limits on the process.

If the answer is yes, your concern may be eligible for a special education legal complaint.

Is your concern related to a violation of the Individuals with Disabilities in Education Act (IDEA)?

If the answer is no, your concern is not considered a legal special education violation.

If the answer is yes, your concern may be eligible for a special education legal complaint.

If you aren’t sure, it can be helpful to consult a lawyer or legal support services organization.

• Legal support in Massachusetts
• Legal support in California
• Legal support in D.C./Maryland

What should you include in your complaint?

According to the law, your school district is required to provide you with a model complaint form and a copy of your rights in the process. This is called the Procedural Safeguards Notice. You can also use the sample complaint here at Understood.org as an example.

All complaints should include the following information in writing:

• Your child’s name, address, and school name

• An explanation of the problem and how the school violated IDEA

• Facts supporting your explanation

• A proposed solution

• Your signature and contact information

Include specific examples of how this problem affects your child in school. For example, if your child has not received the support services listed in their IEP, explain how they’ve struggled in school as a result.

You should also include any documentation related to your child’s diagnosis. This includes the IEP, medical records, and evaluation reports.

Also include evidence of your correspondence with school about this issue. For example, include copies of emails you have sent to your child’s teacher, principal, and other school or district staff.

How do you file a complaint? 

Learn about your state’s process. Use the Advocacy Institute’s database to find your state’s specific forms and instructions for submitting your complaint.

Make a copy for your district. In addition to filing the complaint with your state’s education agency, send a copy to your school district.