A Written State Complaint procedure must be available under IDEA in every state. Each State Educational Agency must have written procedures for: resolving any complaint; the filing of a complaint with the State Educational Agency; and, widely disseminating the State complaint procedures.

In resolving a State complaint in which the State Educational Agency has found a failure to provide appropriate services, the State Educational Agency must address: the failure to provide appropriate services, including corrective action; and, appropriate future provision of services for all children with disabilities.

Full legal requirements may be found at: 34 CFR 300.151-153 (see page 46770 of full IDEA Regulations at: https://www.ecfr.gov/cgi-bin/text-idx?SID=8d443902b9bf5e1cef976ef4c93cbb2e&mc=true&node=sg34.2.300_1150.sg12&rgn=div7.

An OSEP approved Procedural Safeguards notice, including a specific description of written complaints (see page 14-17) is available at: www2.ed.gov/policy/speced/guid/idea/modelform-safeguards.pdf.

OSEP’s topical brief on Written Complaint Procedures can be found at: https://sites.ed.gov/idea/files/State_Complaint_Procedures_10-4-06.pdf.

The implementation of the Informal Complaint/Early Resolution Process (ERP) draws on the traditional model of parents and school districts working cooperatively in the educational interest of children to achieve their shared goals of meeting the educational needs of students with disabilities.  The ERP is a systematic, local level process for the prompt and orderly resolution of complaints and is required under Louisiana Bulletin 1706, Regulations for Implementation of the Children with Exceptionalities Act, Subchapter J (State Complaint Procedures), §151.C. Informal Complaints.

IDEA Early Intervention Written State Complaints

This publication is part of a series of guides on dispute resolution options available under Part C of the IDEA. These options include mediation, written state complaints, and due process complaints and hearings. Companion Videos Overview of Early Intervention Written State Complaints Video of IDEA...Learn more



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