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What is the difference between a state complaint filed through the department of Elementary and Secondary Education (ESE) problem resolution system and a due process complaint filed with the Bureau of Special Education Appeals (BSEA)?
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State Complaint filed with ESE Program Quality Assurance
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Who can file a complaint:
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Any individual or organization can file a state complaint through the ESE Problem Resolution System.
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Only a parent or a school district may file a due process complaint or request for hearing with the BSEA.
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Subject of the complaint:
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The state complaint or problem resolution system considers violations of any state or federal education law.
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The due process complaint considers the proposal or refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child.
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Time period for filing a complaint:
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State complaints must be filed within one year of the violation of the education law.
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Due process complaints must be filed within two years of the violation of the special education law.
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Determination of what happened
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In a state complaint, staff of the ESE investigate the allegations in the state complaint and determines whether there has been a violation of law.
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In a due process complaint, the parents and school district staff each present their version of the disagreement to an impartial hearing officer through documents and oral testimony at a hearing. The parties to the hearing have an opportunity to present and cross-examine witnesses, to have a record of the proceedings, and to enter and object to evidence. Parties can subpoena witnesses and testimony is under oath.
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Timetable for a decision:
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A state complaint is investigated and resolved by Program Quality Assurances within 60 days.
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The due process hearing decision must be issued 45 days after the conclusion of the resolution process unless the hearing officer grants a request to postpone the hearing.
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Review of the decision:
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The state complaint cannot be appealed. The staff person who conducted the investigation may consider new or additional information that has a bearing on the outcome of the investigation.
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The decision of the due process hearing officer may be appealed to state or federal court.
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