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Letter 39: State Complaint Cover Letter

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When to Use It

Send this letter when you file a state complaint - the free, no-lawyer-required route for violations you can document: services not delivered, timelines missed, procedures skipped. It transmits your signed complaint to your state education agency. The complaint itself must meet the content rules of 34 C.F.R. § 300.153, and the violation must have occurred within one year before the state receives it (34 C.F.R. § 300.153(c)). Tool 90 covers how to build the complaint this letter transmits.

Send it to: the office in your state department of education that handles state complaints under the Individuals with Disabilities Education Act (IDEA) - check your state’s filing instructions, because the office and format vary. You must send a copy of the complaint to the district at the same time you file (34 C.F.R. § 300.153(d)). Send both by email with a read receipt and by certified mail, return receipt requested. Keep copies of everything.