Complaint Procedures

Site:	Colorado Education Learning Management System
Course:	On-Demand Protection of Individuals From Restraint and Seclusion Act (PPRA)
Book:	Complaint Procedures

Printed by:	Guest user
Date:	Thursday, 21 November 2024, 10:25 AM

Description

There are four chapters in this book. Utilize the "Previous" or "Next" buttons to navigate between chapters.

1. Introduction
2. Content of Complaint
3. Filing a complaint
4. Complaint Investigation

1. Introduction

A student or a parent or legal guardian may file a complaint about the use of restraint or seclusion used by an employee or volunteer of a school or charter school of school district or Board of Cooperative Services or any institute charter school by using the procedures established under this section.

2. Content of Complaint

Required Content of the Complaint: The complaint must contain the following information:

a) A statement that the employee or volunteer has violated a requirement regarding the use of restraints and an identification of the portion of the statute, rule, or regulation alleged to have been violated, if known by the complainant;

b) the background information and facts on which the complaint is based that identify persons, actions and/or omissions;

c) The name and the residential address of the child against whom the alleged violation occurred;

d) The name of the school that the child was attending when the alleged violation occurred;

e) A proposed resolution of the problem to the extent known and available to the complainant at the time the complaint is filed;

f) The complaint must allege that the violation(s) set forth in the complaint occurred not more than one (1) year prior to the date that the complaint is filed with the CDE;

g) The signature and contact information (minimally, address and telephone number) for the complainant; and

h) Written verification in a cover letter accompanying the complaint that a complete copy of the complaint and any attachments have also been mailed, hand-delivered, or delivered by other secure method to the public education agency (i.e. a school district, BOCES, or the Charter School Institute) serving the child.

3. Filing a complaint

The complaint, including any attachments, must be mailed, hand-delivered, or delivered by other secure method to the IDEA State Complaints: IDEA Part B State Complaints Officer Colorado Department of Education Exceptional Student Leadership Unit, Dispute Resolution Office 1560 Broadway, Suite 1175 Denver, Colorado 80202

Additionally, as noted in paragraph 2.07(2)(h) above, a complete copy of the complaint, including any attachments, must also be mailed, hand-delivered, or delivered by other secure method to the public education agency (i.e., a school district, BOCES or the Charter School Institute) serving the child. 2.07(4) Complaints involving children with disabilities.

If the State Complaints Officer determines that the complaint alleges a violation of the IDEA or its implementing regulations in 34 CFR Part 300, then the complaint shall be processed through CDE’s IDEA dispute resolution process. In these cases, the State Complaints Officer shall also have the authority to investigate and process a complaint alleging improper use of seclusion and restraints in accordance with the timelines and procedures outlined in these rules.

4. Complaint Investigation

Complaint Investigations:

a) The complaint investigation may include but is not limited to: an onsite investigation; request(s) that the complainant or public education agency provide additional information; and request(s) to review records in the possession of either party.

b) Any time after a complaint is filed and before the complaint is resolved, it may recommend a public education agency to undertake immediate action in an extraordinary situation when it is imperative to do so in order to protect the rights, health or safety of any student.