In the News: Written State Complaints

Have you heard of Idaho Ed News? I created a Google News Alert for special education news, as I am finding myself drawn more and more to working for systemic change in special education advocacy. This has been on my mind, as I have been helping families write written state complaints (WSCs) lately. The families live in different states, and their complaints cover several areas of school violations of IDEA, but one theme runs through all of them: We need systemic change. 

And, so, I have been reading from the news alert and came across an Idaho Ed News story, “STATE INVESTIGATION: Special education violations come to light as parents advocate for students with disabilities” by Carly Flandro… and my mouth dropped open.

My families are not alone. 

In helping each family write a WSC, I search each state board of education to find 1) the form for a WSC and 2) previous decisions. These are public records (redacted, of course). Some states post the decisions on their websites (buried and difficult to find, for sure, but the decisions are there… somewhere), but other states make you request them. Idaho makes you request them.

Here in Washington, WSCs are called, “Community Complaints.” Decisions are available online by year. Clicking on a year gives links to each decision, along with the categories of issues. Going through them helps an advocate determine issues and evidence. 

In Ms. Flandro’s article, she did an amazing job laying it all out… and it is overwhelming. Parents and children with disabilities in Idaho are suffering, and, sadly, the suffering is common across the country. The issues identified - IEP development, child find, IEP implementation, meaningful parent participation - are common. I hear them every day from my clients. I have experienced federal violations of each of these as a parent of a child with disabilities, and as a foster parent of many children with disabilities and trauma. It is heartbreaking.

Written State Complaints are a Catalyst for Systemic Change

While Ms. Flandro’s article hurt, it also gave me hope. As I have told my families, WSCs, or whatever they are called in your state, are a vehicle to drive systemic change. State and federal investigators do not know what is kept a secret. And that is the worst part: As parents with children of disabilities, we feel alone. But we aren’t alone. And Ms. Fladro’s article demonstrates the power of WSCs to break the silence and get the attention of those with the power to improve the system.

The neat thing about WSCs is that anyone can write one. A parent can write one. A student can write one. An advocate can write one. A group of parents can write one. Anyone! Think of it like this: If you are connected to five families at your child’s school, and all five of you are having similar problems, a combined WSC is a tool to have your voices heard. If another parent from the same school writes a similar complaint as an individual, that is now a sixth. Both the group WSC and the individual WSC elevate each others’ concerns.

Simplifying Complexities

IDEA requires each state to have a complaint process. Unlike due process, there is no hearing and an attorney is not required (but can certainly help). Anyone can file a WSC, and each state should have a form on their website. You don’t have to use the form, but it can help as an organizer and lists all the information you need to include. IDEA gives 60 days for a decision, but states can give less. Washington State, for example, gives a whole long process, with deadlines for each step.

Are your ducks in a row?

The most important aspect of a WSC is to maintain good records and to be clear on the issues and what is needed to resolve them. In my families’ complaints, I like to write timelines. This way, the evidence packet I provide - which can include everything from parent journal entries to emails - is easier to assemble.

I applaud the families in Idaho for having their ducks in a row, for the advocates and attorneys in helping them, and Ms. Flandro for reporting on this. Families who submit WSCs are brave, for sure. They are laying their suffering bare, in the hopes for change for their child and for their state. I admire them!