If you believe your child’s school isn’t following their IEP (Individualized Education Program) or has violated a legal special education procedure, you can file a complaint with the Maryland State Department of Education (MSDE). This is a formal way to request an investigation by the state into the school’s actions. The process can seem a bit overwhelming, but the good news is, you don’t necessarily need an attorney to file a complaint. Here’s a guide to help you understand how it works.
How to File an MSDE Complaint
The first step in filing a complaint is to write a detailed explanation of the problem. These may include not following IDEA timelines, not providing services that are on the IEP, refusing to discuss evaluating your child for an IEP in a formal meeting, not including critical required participants in the IEP meeting, making decisions outside the IEP process, not including parents in meetings, telling parents that they don’t have the funding to implement a child’s IEP, or refusing to meet with you or communicate with you, or not following disciplinary procedures, among many others. This should include specific dates, what services were supposed to be provided (based on the IEP), or what procedure has been violated, and how the school failed to meet these obligations. If you can include the specific regulation or law that you believe was violated, that’s best. But it is not required. Perhaps most easily accessible, review the Parental Rights Handbook, which is required to be provided to you by the IEP team– you may find which rule you think has been violated there, and you can use that. If you want to get more specific or understand more, a really good place to start is in the Maryland Special Education Regulations (Code of Maryland Regulations), 13A.05.01 (and the subchapters under 13A.05.01. Maryland student disciplinary procedures are found at COMAR 13A.08.01.11 You can also use the Federal law, found in the Individuals with Disabilities in Education Act, also found here, but it is absolutely not a requirement. Keep your complaint relatively brief. Just a few pages is sufficient. Write a numbered list of violations to keep each one separate, and keep it simple. If you have supporting documentation, like emails, a recording of a meeting, or the school’s meeting notes (sometimes called Prior Written Notice), you can include those.
You’ll submit this complaint to the MSDE’s Family Support and Dispute Resolution Branch, and they will investigate the issue and make a finding, which they will send to you.
It’s important to know that MSDE focuses only on procedural violations—meaning they will investigate whether the school followed the rules of the IEP process, but they won’t weigh in on disagreements about what services your child actually needs (those are substantive violations). For example, if the school doesn’t provide the services written in your child’s IEP, that’s a procedural violation, and MSDE can make a finding of violation. But if you and the school disagree on what services should be included in the IEP, that’s a substantive issue, which MSDE won’t address in a complaint.
Do I Need an Attorney?
While you don’t need an attorney to file an MSDE complaint, there are some advantages to working with one. Schools and the MSDE may pay closer attention to complaints submitted by attorneys because lawyers can clearly point to the law and explain how it was violated. They can also make it easier for the MSDE to find violations by presenting the case in a way that highlights the legal issues involved.
However, filing on your own is still a solid option if you’re dealing with a procedural violation, like the school violating timelines or not providing services in the IEP. The process is designed for parents, and you don’t need a legal background to get started.
What Happens After You File?
Once your complaint is submitted, the MSDE will investigate by looking into the details of the case. They will gather information from both you and the school, review the IEP and other documents. They may call you to clarify the concerns, and they may visit the school. Then they will decide if there was a violation. If MSDE finds that the school did make a procedural violation, they may order the school to take corrective actions, such as providing makeup services or making sure the IEP is properly implemented. Sometimes, MSDE will make both individual (just for your child) and systemic (for the whole school or school system) findings. If you know other parents in your school with the same problems, you should absolutely talk to them about filing their own complaints at the same time as you. That will help clarify that the issue isn’t just about your child.
Filing an MSDE complaint can be an effective way to make sure your child’s school follows the rules. While having an attorney can make the process smoother, it’s not required, and many parents successfully file complaints on their own. If you’re dealing with a procedural issue, including timelines, not providing services, refusing to evaluate, making decisions outside the IEP process, not including you in meetings, telling you that they don’t have the funding to implement your child’s IEP, reusing to meet with you or communicate with you, don’t hesitate to use this option to advocate for your child’s education. If you’re unsure about the process, there are resources available to help guide you through it.
This blog post is for informational purposes only. It is not legal advice and does not create an attorney-client relationship.
If you need advice from an education lawyer or special education advocate, you can schedule a call HERE.