It’s that time of year again! The gifts have been given, the family has gathered, houses are still glowing with the joy that only twinkling lights can bring, and parents are blowing up my phone demanding to file for due process.
Stop. Breathe. Take a walk. Breathe some more.
Due process is always an option, but it is painful and expensive. Lee Smith, a Tumwater mother of a middle schooler with autism, shared a common sentiment.
“I don’t have the financial means or emotional energy,” Smith said.
Advocates agree: In due process, everyone loses, including your child.
There are other options, and I’d like my dear readers to consider a special education community complaint.
What is a special education community complaint?
A special education community complaint -- the name for written state complaints in Washington -- is a formal dispute resolution option provided by the Individuals with Disabilities Education Act (IDEA).
Complainants provide the Office of the Superintendent of Public Instruction (OSPI) with a narrative of issues they have experienced in the past 12 months, and then OSPI investigates. The agency has 60 days to make a decision.
Skimming through OSPI’s Special Education Community Complaint Decisions lists categories of issues in special education.
IEP implementation and development accounted for almost 40% of the allegations, with isolation and restraint, IEP procedures, and prior written notice issues constituting another 18%. These categories accounted for 69% of violations found.
In 2024, 77 complaints included 193 alleged IDEA violations. Approximately 40% of decisions provided remedies that parents often request at IEP meetings or due process hearings: training for staff, compensatory education and services, progress monitoring reports and data.
You don’t have to be a lawyer. Anyone can file. In 2024, parents filed the most complaints, and many were likely written with assistance.
Smith chose to write a community complaint with a friend, we’ll call him John Bailey.
“He took the lead,” Smith said. “Because he had inside knowledge and experience in special education.”
Teachers, educational advocates, attorneys, community members and special education service providers also filed. Complaints can be filed anonymously, and decisions are published anonymously.
I have ghostwritten countless complaints in several states, although I prefer to coach parents to write them. Self-advocacy is always best, and it shows in OSPI’s decisions: parents submitted 59 of the 77 violations found in 2024.
Community complaints are pretty straightforward. Smith had never heard of community complaints before writing hers.
“It was completely new to me,” she said.
You also don’t need to have a background in law to understand the process.
“I didn’t know the WACs that applied,” Smith said. “I had seen procedural safeguards but had never read them.”
Although you don’t have to be an expert, you do have to provide the allegation, supporting facts and potential remedies. OSPI offers instruction on their website, and there is a form available in multiple languages. You can use the form or write your own narrative.
OSPI requires you to provide the school district with a copy of your complaint. This gives the district the ability to resolve the issues immediately. If they deny the allegations, OSPI will follow up with both the district and you. Be ready to answer clarifying questions!
While the community complaint is an accessible option for parents, there is an art and science to the process. Parents need to be clear on the specific issues and have documents supporting their claims. Although it isn’t required, I always encourage submitting an evidence packet. Some other success strategies include:
Smith adds, “Continue to fight for what you think is right, regardless of OSPI’s decision. Your child is definitely worth it. This IEP team is for one year. Your child’s education impacts their entire lifetime.”
Honestly, I do not recommend using AI to help you write a complaint. AI is, on the other hand, great at improving writing. Try uploading one allegation after removing all personal information, and use this prompt:
Act as an investigator for written state complaints. You are an expert in WAC 392-172A and the Individuals with Disabilities Education Act. You are investigating the allegation I will provide. Read through the narrative. Tell me 1) areas in which the allegation is weak, 2) areas in which the allegation is strong, and 3) if the language and tone are appropriate for a formal written complaint.
If written state complaints are so easy, why are so few violations found?
Shannon Sankstone is an Olympia-based special education advocate and the owner of Advocacy Unlocked. She may be reached at ShannonSankstone@theJOLTnews.com.
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