Parent Advocacy Group for Educational Rights

SAMPLE FORMAL COMPLAINT LETTER:

PLEASE FEEL FREE TO USE ANY OR ALL OF THE THIS LETTER AS IT APPLIES TO YOUR PARTICULAR SITUATION.  HOWEVER, MAKE CERTAIN THAT YOU GIVE MANY SPECIFIC EXAMPLES TO SUPPORT YOUR COMPLAINT.  IN OTHER WORDS, PERSONALIZE THIS AND MODIFY IT TO MEET YOUR UNIQUE PROBLEMS.  OMIT ANY EXTRANEOUS INFORMATION CONTAINED IN THIS SAMPLE THAT DOES NOT APPLY TO YOUR CASE. BE CERTAIN TO ATTACH A COPY OF ALL TEST RESULTS.

 File complaint at Local Level first.  If after 30 days no resolution, file with your State Department of Education and your Federal representative.
 

Local Level:
You want to go through the appropriate channels in the following order:  First, write to the principal at your child's school. Second, write to the Director of Special Education. Third, write to the superintendent of your school system and cc the principal and director of special education.

FROM:  (your name, address, phone/email)
DATE:   
CHILD'S NAME:
SCHOOL NAME & ADDRESS:
PRINCIPAL'S NAME:
GRADE LEVEL:
CURRENTLY IN SPECIAL EDUCATION PROGRAM:  (yes or no)

Dear Mr./Ms.

This is a formal complaint and request for an investigation into the following situation.  We are asking your help in resolving a problem that has arisen regarding our son/daughter.  (CHILD'S NAME) educational needs currently are not being met by our local school system. As a result, he/she is unable to receive an appropriate education based on his/her particular learning problems. (*State what your child's learning disability is).

• Our child, (CHILD'S NAME), has received education testing.  (List the particular tests administered by the school system.)
   
• In addition we have had (CHILD'S NAME) privately tested by ______________, who administered the following battery of tests: (psychological, educational, speech and language, motor, auditory for hearing impaired, etc.)  See attached test results.  (Optional, attach if additional testing was administered.)
   
• **Example: At a recent ARD Meeting (DATE), (CHILD'S NAME) was refused Special Education Services by the ARD Committee. We are disputing this decision. (See Possible Complaint Issues Listed Below.)  Although (CHILD'S NAME) is not functioning in accordance with his/her ability and has regressed dramatically in (reading, math, writing), Special Education Services have been denied. (CHILD'S NAME) is not able to produce at the level of his peers or up to his/her own ability, and this has had a very detrimental effect on my child's self-image as well. We strongly feel that (CHILD'S NAME) needs Special Education Services in the following areas:
  _________________________________________________________as evidenced by (CHILD'S NAME) classroom performance and by the (Written Language, Reading/Math, Motor, Etc.) section of the enclosed tests.  More pertinent is my child's inability to perform these tasks appropriately in the regular classroom setting or at the level of his/her peers.  (Taylor this section to your stated complaint issues.)

We are requesting your help in investigating this and helping us resolve this issue in order that our child can receive an appropriate education based on scientific evidence.  Any assistance you can give us would be greatly appreciated.

Sincerely,

(Your Name)

(cc:)

**POSSIBLE COMPLAINT ISSUES TO CHOOSE FROM: 

• When privately tested scores differ in the following areas:  (List the areas)
• Speech/Language not addressed or identified
• Student's disability was not properly identified
• IEP is not being followed
• Requesting reimbursement for necessary services (such as tutoring) privately provided
• No Summer program
• No tutoring program exists
• Failure to implement accommodations/modifications
• Failure to honor 504 Plan  (File with Office of Civil Rights)
• No program available for my child at this particular school
• Denial of admission into Special Education
• Current Special Education Program is not appropriate or effective
  Full battery of Tests were not administered to determine disability
• Note taking at ARD Meeting was either non-existent or too sparse to get the full impact of the meeting
• Language Learning Support Program (Dyslexia Project Frederick Co. Public Schools only):  Major needs not on IEP because program is outside of Special Education.  Disconnection between Language Learning Support Program, general education, and special education programs.

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