IDEA Formal Complaint Trends - Kentucky Department of Education
IDEA Formal Complaint Trends Sylvia Starkey IDEA Formal Complaint Investigator 11/21/2017 Session Goals: Participants will learn the complaint process. Participants will analyze complaint trend data. Participants will collaboratively discuss the most common trends in complaint. Participants will use data to determine where to focus efforts in classrooms and districts. Participants will use complaint data to improve outcomes for students with disabilities. 3 Dispute Resolution Rights 707 KAR 1:340, Sections 7-12 Mediation Formal Complaints Due Process Expedited Due Process Appeal 4 Requirements A statement that IDEA has been violated Facts supporting the statement
Signature and contact information Name and residence of the child Name of the childs school Description of the problem Proposed Resolution Violation occurred within a year 5 Dispute Resolution Website Click Here 6 Complaint Benefits Free Anyone can do it Timeline driven More formal than mediation Less formal than due process Procedural violations 7 Complaint Process Intake/Jurisdictional Review Notification Self-Investigation Parent Response KDE Investigation Decision
Appeal 8 Complaint Data 2011-12 School Year to Present 9 Mediations 2016-17 Total number of mediations requested Mediations held as of June 30th Mediations held related to due process complaints Mediation agreements related to due process complaints Mediations held not related to due process complaints Mediation agreements not related to due process complaints Mediations pending as of June 30th Mediations withdrawn or not held as of June 30th 9 8 4 1 4 2 0 1
10 Due Process Hearings 201617 Total number of due process complaints filed between 26 July 1st and June 30th Number of resolution meetings as of June 30th 17 Written settlement agreements reached through these resolution meetings Hearings that were fully adjudicated as of June 30th 14 Decisions within timeline (including expedited) 0 Decisions within extended timeline 1 Due process complaints pending as of June 30th 7 Due process complaints withdrawn or dismissed as of June 30th
18 1 11 Expedited Due Process 2016Total number of expedited due process complaints 0 17 filed between July 1 and June 30 st th Number of resolution meetings as of June 30th 0 Written settlement agreements as of June 30th 0 Expedited hearings fully adjudicated as of June 30th Number of written decisions resulting in a change of placement order Expedited due process complaints pending as of June 30th
Expedited due process complaints withdrawn or dismissed as of June 30th 0 0 0 0 12 Formal Complaints 2016-17 Total number of state complaints requested Complaints with reports issued as of August 29th Reports with findings of noncompliance 15 11 8 Reports within timeline 8 Reports with extended timeline 2 Complaints pending as of August 29th
0 Complaints pending a due process hearing Complaints withdrawn or dismissed as of August 29th 0 4 13 Total Number of Complaints Filed Year Total Complaints Filed by Year Complaints filed in Kentucky 45 2011-12 39 35
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Number of Complaints 15 Complaints by Co-Op Region Co-op 2016-17 Number of Complaints Western Kentucky Educational Cooperative (WKEC) Green River Region Educational Cooperative (GRREC) Jefferson County Cooperative (JCPS) Ohio Valley Educational Cooperative (OVEC) Northern Kentucky Cooperative for Educational Services (NKCES) 2 Central Kentucky Educational Cooperative (CKEC)
Southeast South-Central Educational Cooperative (SE/SC) Kentucky Valley Educational Cooperative (KVEC) Kentucky Educational Development Corporation 3 2016-17 Number of Complaints BY sPECIAL eD cOOPERATIVES 2 WKEC; 13.33% KEDC; 20.00% 2 1 GRREC; 13.33% 0 KVEC; 6.67% SE/SC; 6.67% JCPS; 13.33% 1 CKEC; 20.00%
1 3 OVEC; 6.67% 16 Complainable Issues Discussion 17 2016-17 Formal Complaint Trends Top Complained About Issues 1. IEP implementation 2. Supplementary Aids and Services 3. Assessment in all areas related to the disability FAPE
Progress reporting 18 2016-17 Formal Complaint Trends (Continued) Top Issues found Non-compliant 1. Progress Reporting 2. IEP implementation Parent participation in ARC meetings Least restrictive environment 19
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