DOE will Investigate IDEA Complaints from Last 3 Years
According to the Individuals with Disabilities Education Improvement Act (IDEA) and Hawaii Administrative Rules Chapter 56 (Chapter 56), parents (individuals and organizations) may file a written complaint related to the services provided to their child with a disability. If the complaint meets the requirements of IDEA and Chapter 56, the Hawaii Department of Education (DOE) will investigate the allegations and issue a written decision within 60 days (or allowable extensions).
The DOE currently receives all such complaints through its Complaints Management Program, Special Education Section. In the past individuals may have submitted written complaints or written requests to utilize the complaint resolution process to a school principal, a school vice-principal, or the chairperson of a school’s special education department. Please be advised that it is the policy of the DOE that a party wishing to use the complaints resolution provision of the IDEA or Chapter 56 must submit a written complaint to the Complaints Management Program, Special Education Section.
The DOE is inviting parents of children with disabilities under the IDEA to resubmit any of their written complaints or written requests to utilize the complaint resolution process that were denied an investigation by the State Special Education Section, school principal, school vice-principal or the chairperson of a school’s special education department, during the time period of August 12, 2005 to August 11, 2008.
Parents, agencies and other individuals may request a State Complaints investigation through the Complaints Management Program by sending a written letter and supporting documentation showing that your complaint was not resolved through a settlement agreement, due process hearing decision, federal or state court action, telephone complaint resolution process, mediation agreement, or Individualized Education Program (IEP) meeting, to the following:
Complaints Management Program
Special Education Section
Department of Education
637 18th Avenue C-102
Honolulu, Hawaii 96816
Resubmitted complaints and requests to utilize the complaint resolution process must include a copy of the original letter, e-mail, or other written verifiable medium sent to the State Special Education Section, school principal, school vice-principal or the chairperson of a school’s special education department. The complainant must provide DOE’s written refusal to investigate. The complainant must also provide a statement that the complainant did not find relief through any other remedy.
All resubmitted written complaints and written requests to utilize the complaint resolution process must be mailed or hand-delivered; no faxes or e-mails will be accepted. The deadline for the physical receipt of these items by the Complaints Management Program is 2:00 p.m. on December 12, 2008.
It is the policy and intent of the DOE to encourage and support the resolution of any dispute at the most immediate level possible and in a prompt, efficient, and effective manner. For access to the State Complaints Procedures, a model State complaints form, information about special education dispute resolution, mediation information and due process hearings information, please visit the DOE website at www.doe.k12.hi.us/specialeducation, or contact Ms. Debra Farmer, Special Education Section, Department of Education, at (808)733-4400.