What is a special education complaint?
A complaint is generally an expression of some disagreement with a procedure or a process regarding special education programs, procedures or services. A formal complaint is considered a request that this division investigate an alleged violation of a right of a parent and/or child with disabilities who is eligible, or believed to be eligible, for certain services based on federal and state laws and regulations governing special education.

The Office of Dispute Resolution and Administrative Services is charged with the responsibility of investigating and resolving all valid special education complaints on behalf of eligible students with disabilities when the complaint alleges a violation of the applicable state and federal laws and regulations.

The Office of Dispute Resolution and Administrative Services strongly believes that special education complaints are better resolved at the local level, if at all possible. Complainants and school divisions are encouraged to work together to come to an understanding of mutual concerns and come to an agreement in the best interests of children with disabilities. A statewide mediation service is available by contacting the Virginia Department of Education.

Click here for more information on the Statewide Special Education Mediation System.

What the complaint system is not able to do.
The state’s complaint system for special education does not handle violations of Civil Rights related to disability. These matters are addressed directly with the Office of Civil Rights of the United States Department of Education. In addition, the complaint system cannot address personnel issues or general education matters. These matters are under the control of the school division.

Any matter which is under the exclusive control of the local school division will not be addressed in the special education complaint system. Local school divisions are responsible for the general day-to-day operation of schools, including supervision of personnel and the administration of programs.