Special Education Community Complaint Part 2: You always win

 “I didn’t know what I didn’t know,” Lee Smith, our heroine from part 1 of this series, told  me.  

Like many families I help, Smith didn’t know what was “allowed” in an IEP (Individualized Education Program), and what was a “violation” of federal or state law. No one told her, and Smith’s Special Education Community Complaint (SECC) was unsuccessful. 

David Beinke, a self-proclaimed Special Education Marine and the Chair of the Advocacy Committee of the Council of Parents, Attorneys and Advocates, explained. 

“Nationally, about 46% of state complaints result in violations found,” he said. This is true for Washington state: of the 77 SECCs published in 2024, roughly 60% of allegations are unfounded. 

Preponderance of evidence 

I asked Beinke why so few violations are found. He said that when OSPI (Office of Superintendent of Public Instruction) conducts its investigation, they look at the evidence to decide if a legal standard is met or not met.  

Beinke cited the “51% rule,” that the evidence you provide “has to convince the investigator a violation has likely occurred. Provide enough evidence to make it easy on them.”  

This "preponderance of evidence” usually requires you to provide documents from two or three years ago, such as evaluations and drafts of IEPs. While the investigator will only investigate allegations dating from one year prior, this historical data will be considered to establish patterns and context.  

It can be difficult, though, when the information is sensitive.  

“I didn’t provide certain evaluations,” Smith said. “They had personal information I didn’t want to share.”  

If you, like Smith, are uncomfortable, consider redacting documents or consulting an advocate or attorney for advice. Chances are, there are less sensitive documents that can be used. 

Are your ducks in a row? 

Your documentation needs to be clear and thorough.  

“The factual background, the who, what, where, when and how makes a difference,” Beinke said.  

Emails and notes from conversations, the IEP and evaluations are just as important as progress reports and behavior reports.  

“Take as much guesswork out of it, so the investigator” has an easy job. Graphs are very powerful,” Beinke suggested 

He added, as “progress reports may show progress, but what do the other assessments show?” Look at each alleged violation from all angles. You probably have more evidence than you originally thought. 

Advocacy Strategies 

It can be daunting, but don’t despair. My clients tell me the first steps are the most challenging, and then the process starts to flow. Here are three tips I use to help families begin their complaints: 

Step 1: Map out your issues in terms of the categories of complaints on OSPI’s website. Are your child’s IEP accommodations not being followed? That falls under the category, “IEP Implementation.” Is the IEP team massively dysfunctional? That’s “IEP Development.” Is the school ignoring your input? That’s “Parent Participation.” 

Step 2: Download every SECC that lists that issue and make Ai your best friend (see below). 

Step 3: Begin gathering your documents. This will probably include requesting documents from the school district, so be aware that this might take some time. It’s also a good idea to send questions, via email, to the school or district. This gives them a chance to explain and may alleviate, or support, your concerns. 

You always win! 

These strategies will put you on the path to writing a strong complaint. There is no guarantee, though, that your allegations will be confirmed. OSPI investigators did not find violations in Smith’s complaint, but Beinke and I believe she still won.  

By donning your advocate’s superhero cape, you improve your advocacy, gain school district respect and make positive, systemic change.  

“They know you have the capacity to file,” Beinke said. “Just by filing a complaint, you’ve already won. They will improve the practice or process so that they don’t have to respond to the same one again going forward.” 

The online oracle says … 

AI can be super useful with skimming PDFs for pertinent information. Think of it as a CliffsNotes generator — you still have to read the complaint, but AI can tell you what to look for, and where. Find at least four complaints similar to yours, download it as a PDF, and then give it to an AI to analyze. Try this prompt: 

Act as an analyst investigating trends in special education issues. The goal is to glean insight from the complaint I have uploaded to teach me to write a strong complaint. This is a three-step request. Use only the attached PDF for the first and second steps.  

Step 1: Using the attached PDF, list the issues, legal standard, and WAC code.  

Step 2: Using the attached PDF, provide examples of evidence that the complainant used to support their allegations.  

Step 3: Give examples of documents that should have been included, or documents that would have supported the claims.  

Next Week:  

Let’s take a peek inside an SECC 

Shannon Sankstone is an Olympia-based special education advocate and the owner of Advocacy Unlocked. She may be reached at ShannonSankstone@theJOLTnews.com.