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Special education compliance complaint

The Special education compliance complaint process is used to track trends and facilitate problem-solving around special education issues.

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Filing a special education compliance complaint

Special education compliance complaints should only be filed by staff members with direct personal knowledge of the relevant facts. When the complaint involves specific students or classes of students, the complainant must be someone who teaches or provides services to the student and/or affected classes. Do not provide student-specific information in the complaint form. Keep in mind that special education compliance complaints should and can be filed if the reported non-compliance issue was raised for resolution at the school level with the administration and not rectified.

Once we receive the compliance complaint, one of our UFT Liaisons to the Division of Specialized Instruction and Student Support will review it. Bronx and Queens complaints are handled by Elizabeth McGovern; Manhattan and Staten Island issues are directed to Raphael Tomkin; Brooklyn and District 75 complaints are reported to Steven Mintzer.

Generally, within 48 hours, you will receive a call or an e-mail to acknowledge receipt, verify information and obtain additional details. Student-specific information should never be provided on the special education compliance complaint form; however, if necessary, we will ask for student-specific information when we contact you. We will then work with you to determine the appropriate mechanism for resolving the issue.

Resolution may include both immediate implementation of services and supports as indicated on the students’ IEPs, as well as restitution of services, where appropriate. Timely filing of these escalations is crucial.

If the situation is not resolved with the outlined timeframe and the underlying problem concerns a violation of federal or state laws or regulations, the compliance complaint may be sent to the State Education Department for resolution. The confidentiality of personally identifiable student information is protected throughout the process.