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Filing a Citizen’s Complaint with the Office of the Superintendent of Public Instruction (OSPI)

Law-In-Brief: Special Education #12

Date: December, 2000
Prepared by: Beth Stevens, Legal Advocacy Team

How do I file a complaint against a school district with OSPI?

The Office of the Superintendent of Public Instruction (OSPI) has established a complaint process through which you can address problems with your child’s special education. The process is explained in Washington Administrative Code 392-172-324 through 348.

Anyone can file a complaint with OSPI, including students, parents, educators, and anyone else who chooses. You must file your complaint within one year of the act you’re complaining about.

You can file your complaint by simply writing a letter to OSPI. Your letter should be signed by you and should include the following information:

	Your name, address and phone number
	Your child’s name
	The name and address of the school district involved
	A statement of your problem or concern
	The facts on which your concern is based, including any documents you feel would assist OSPI in investigating your complaint.

Send your letter of complaint to the following address:

OSPI
Division of Special Education
Old Capitol Building
P.O. Box 47200
Olympia, WA 98504-7200

You can also fax your complaint to OSPI at (360) 586-0247.

How will my complaint be processed?

When OSPI receives your complaint, they will designate an employee to investigate the issue. The investigator will contact you to give you the opportunity to submit additional information, either orally or in writing. It is a good idea to make copies of records and other documents relevant to your complaint and submit the copies to OSPI.

The OSPI investigator will send a copy of your complaint to the school district, and the school district will conduct an investigation. The school district then has 20 calendar days to investigate the complaint and send in a record of their investigation to the OSPI investigator. In their record of investigation, the school district can either deny the allegation or include a record of corrective measures taken to address the situation. OSPI will send you a copy of the school district’s response to your complaint, but only if you request it.

If the OSPI investigator feels that more information is needed, the investigator will conduct an investigation at the school. The OSPI investigator will then send you a written final decision, including findings of fact, conclusions, and reasonable corrective measures to be taken to correct any violations of the student’s rights.

How long will the complaint process take?

If your complaint involves a violation of the Individuals with Disabilities Education Act (IDEA), a final decision on whether or not the school district has violated the IDEA must be made within 30 calendar days of the day you filed your complaint. For all other issues, a decision must be made about the complaint with 60 calendar days of the day you filed your complaint unless exceptional circumstances exist. See WAC 392-172-338.

What if OSPI sides with the school district? Do I have any other options?

If you are dissatisfied with the outcome of the complaint process, you can file a complaint with the U.S. Department of Education Office for Civil Rights (OCR). OCR complaints must be filed within 180 days of the act of discrimination you’re complaining about. For more information, contact OCR at (206) 220-7900.

This document is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.

To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.

WPAS is a member of the National Disability Rights Network
A substantial portion of the WPAS budget is federally funded.