If none of these fix the problem, you can file a complaint or ask for a due process hearing.
Complaints
You, or any interested party can file a complaint with the MDE. You can file a complaint if:
- The school district violates state or federal law
- There is a disagreement between the parent and the school district about the student’s services. This includes when a district does not provide AT as written in the IEP.
Complaints have to be filed within one year. The MDE reviews the complaint and makes a decision within 60 calendar days.
There is a complaint form (PDF) on MDE’s website at http://education.state.mn.us.
Send or fax the completed form to:
Minnesota Department of Education
Special Education Dispute Resolution Supervisor
Division of Compliance and Assistance
400 NE Stinson Blvd.
Minneapolis, MN 55413
651-582-8725 (Fax)
You must send a copy of the complaint to the school district or public education agency serving the child at the same time you file the complaint with MDE.
Due Process Hearings
A due process hearing helps resolve disputes about the identification, evaluation, placement, services, or provision of FAPE, including disputes over AT.
It is a chance for you to present evidence and cross-examine school officials. It is led by an independent hearing officer. The officer must issue written findings of fact and a decision. A due process hearing is a formal legal process.
You don’t have to find a lawyer, but it is a good idea to talk to one before asking for a due process hearing.