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If a school, or a school employee, violates a student's rights, either the student or the student's parent or guardian can file a complaint to protect those rights. Generally, you can start a complaint at the school itself, then move up the hierarchy to your state's department of education if your complaint remains unresolved to your satisfaction. If you believe the school has discriminated against you or your child in violation of federal law, you can also file a complaint with the US Department of Education's Office of Civil Rights (OCR). If a teacher is the source of your problem, you may also be able to submit a discipline report to the agency in your state that is in charge of teacher certification. [1] X Research source
Steps
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Gather information about the subject of your complaint. It's more likely your complaint will be resolved to your satisfaction if you have plenty of documentation and evidence of the incident or incidents involved. Get specific names of people involved, including witnesses, as well as the time of day and the location of the incident. [2] X Research source
- If school staff, teachers, or other students observed any of the incidents, contact them and ask if they'd be willing to give a statement about the incident on the record.
- The school may also have photos or video footage from security cameras that would also be helpful, depending on the location of the incident.
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Review laws or school policies that might apply to your problem. When an incident occurs at school that gives rise to a complaint, it may concern violations of school policies, district policies, state laws or regulations, or even federal laws or regulations. While you don't necessarily have to know every law or regulation that was potentially violated, it will strengthen your complaint if point to at least one violation that occurred. [3] X Research source
- The school handbook is a good source of school and school district policies that may have been violated. School handbooks also may have information about state and federal laws. If you don't have a copy of the school handbook, check on the school's website.
- Students' or parents' rights organizations are also good sources of state and federal law that governs schools. Use these resources to determine possible laws that were violated as a result of the incident.
- For example, if your child is being bullied at school because of their race or ethnicity, that bullying potentially violates federal and state civil rights laws.
Tip: You don't necessarily need a legal citation to a specific law, or even the exact title of the law, for your complaint. However, for discrimination based on disabilities, it's important to state specifically what requirement of the law has been violated.
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Draft a written letter of complaint. Once you have all of your information together, draft a formal written letter that provides details about your specific complaint. Generally, your letter should have three parts: [4] X Research source
- In the first part of your letter, identify yourself and provide a brief statement of the facts that gave rise to your complaint. Include as many specific details as possible, including the time and location of any incidents that occurred.
- In the second part of your letter, briefly list the school policies and state or federal rules or regulations you believe were violated.
- In the final part of your letter, describe what you'd like to see happen as a result of your complaint and how long you're giving the school to make this happen. For example, if you were unfairly denied access to a location because of your disability, you might give the school 2 weeks to provide access or make alternate accommodations.
Tip: Make a copy of your signed letter for your records before you send it to the school. Include proof of delivery of the letter along with your copy.
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Discuss your problem with the school directly. Generally, send your complaint letter to the school first. You can find on the school's website or in the school handbook the name and contact information of the administrative official who is in charge of dealing with complaints.
- Although you can take a copy of your letter to the official in person, it's generally better to mail your letter using certified mail with return receipt requested. That way, you'll have proof that the school received your complaint if you need to get higher authorities involved.
- Typically, a school administrative official will contact you and offer options to resolve the situation. However, you may occasionally find that the school stonewalls you or refuses to work with you to find a remedy for your issue. If that occurs, or if you don't find any of the options offered satisfactory, you may need to move up the hierarchy.
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Work with school district officials to resolve the problem. If you're unable to work out a solution with the school, the school district is your next stop. Use the first letter you sent to the school to write a letter to the school district, adding how the school itself addressed your complaint and what's happened since then.
- Include the date the school received your complaint and any dates you spoke to officials at the school. Provide the names of all officials at the school you talked to regarding the issue.
- Send this letter to the correct district official using certified mail, just as you mailed your original complaint letter to the school.
- Typically, you'll be contacted by a school district official who is investigating your complaint. They may want to interview you, any witnesses you named, or anyone else involved. They may also ask you for additional documents or information to corroborate the facts you outlined in your complaint.
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Forward your letter to your state's department of education if necessary. If your complaint is not resolved at the district level, you may be able to get satisfaction through your state's department of education. Use the letter you originally submitted to the district, adding information about when that letter was sent to the district and what the district's response was.
- Search online for your state's department of education. On the department's website, you'll find information about filing a complaint against a school. You may also be able to get this information from the school district.
- Expect the state process to move a little more slowly than the school or the district did. You'll typically receive a response from a state official within a month after you've sent in your complaint, although in some situations it may be longer.
- A state official will typically launch an investigation into the subject of your complaint. They may want to interview you or any witnesses you've named in your complaint. Aim to comply with any state requests as soon as possible to prevent any unnecessary delays.
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Consult an attorney if your complaint isn't resolved. If the state department of education isn't able to resolve your complaint to your satisfaction, you may want to consider suing the school, or the school district , to find a remedy to the problem. An attorney who specializes in educational or discrimination law can further assess your case. [5] X Research source
- In many situations, you have the right to file a lawsuit against the school (or the school district) regardless of what happens with your complaint. However, some laws require you to exhaust all administrative remedies available before you can file a lawsuit. An attorney will advise you on when you can potentially file a lawsuit.
- When you file a lawsuit, you can also seek money as compensation for any injury you suffered or expenses you incurred as a result of the incident. With some complaints, you can even seek punitive damages, which the school or school district pays as punishment for violating the law.
- Unlike a complaint, filing a lawsuit takes significantly longer. You can expect it to take at least a year or more before anything happens with the lawsuit unless the school is willing to offer a settlement relatively quickly.
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Pull together documents and information related to your complaint. The OCR will best be able to assess your complaint if you provide as much evidence and specific details about the incident or incidents as possible. At a minimum, your complaint must include at least the following information: [6] X Research source
- Your name and address (you can also include a phone number where the OCR can contact you)
- Information about the type of discrimination suffered by you, your child, or a group of people
- The name and address of your school and the school district
- Details about the incident or incidents, including dates, times, locations, and specific facts about what happened
Tip: The OCR evaluates discrimination complaints against public schools and private schools that receive federal funding. This includes most, but not all, private schools. Your school handbook should have information on whether the school is subject to federal discrimination laws.
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Fill out the complaint form on the OCR's website. The quickest and easiest way to file a discrimination complaint with the OCR is to use the online Complaint Assessment System at https://ocrcas.ed.gov/ . Select the language you want to use from the drop-down menu at the top of the page and click the "Begin Assessment" button. [7] X Research source
- You will be asked several questions about the incident or incidents that led you to file the complaint. Be detailed in your responses, providing as much information as possible. If you believe others may have information that would be helpful to the OCR, list their names and the information they may have that would be of use.
- Keep in mind that the more information you provide, the stronger your complaint is. Don't leave out any details, even if you don't think they're relevant to your complaint.
Tip: You have the option of drafting a letter rather than using the OCR's complaint form. However, using the form ensures that you don't leave out any information the OCR might need, which could delay the resolution of your complaint.
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Submit your complaint to the OCR. You must send your complaint to the OCR within 180 calendar days of the date of the incident that gave rise to your complaint. This includes Saturdays and Sundays. If your complaint covers several incidents, the deadline runs from the date of the last incident.
- Print a copy of your complaint for your records before you send it. You can send it directly through the website after completing the assessment or you can email it to your local OCR office.
- You can also mail a paper copy of your complaint to your local OCR office, although the OCR strongly prefers electronic submission of complaints.
- You also have the option of sending your complaint to the OCR National Headquarters at U.S. Department of Education, Office of Civil Rights, Lyndon Baines Johnson Department of Education Bldg, 400 Maryland Avenue, SW, Washington, DC 20202-1100. The email address for the OCR National Headquarters is OCR@ed.gov.
Tip: You do not need to go through the complaint process with your school, school district, or state department of education before submitting a complaint to the OCR.
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Wait for a response from the OCR. Within a few weeks after your complaint is filed, the OCR will issue a written evaluation of the complaint. Generally, the office will either dismiss the complaint or state that it is worthy of further investigation. If the OCR dismisses your complaint, the notice will explain the reason why. [8] X Research source
- If the OCR decides to open an investigation regarding your complaint, this does not mean that the OCR has made any decision about the merits of your complaint.
- The OCR may send you a notice stating that it needs more documents or information from you. If you get this type of notice, you have 14 days to comply or the OCR may dismiss your complaint.
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Cooperate with OCR's investigation of your complaint. The OCR investigates by reviewing documentary evidence, interviewing school personnel, interviewing witnesses, and potentially visiting the sites of the incidents mentioned in your complaint. The OCR will also likely interview you during the investigation. [9] X Research source
- Keep in mind that failure to cooperate with the investigation could result in the dismissal of your complaint.
- If you named any witnesses or school officials in your complaint, they will likely be interviewed by the OCR.
- At any time during the investigation, the school may indicate that it wants to settle the complaint. The OCR may facilitate or mediate settlement talks. However, the OCR does not approve or endorse any agreement you make.
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Find out OCR's decision on your complaint. When the OCR investigation is over, it will issue a Letter of Findings setting out the facts the OCR determined regarding the incidents you described in your complaint and how it proposes to resolve your case. You will only get a Letter of Findings if you failed to enter a voluntary resolution agreement with the school before the investigation ended. [10] X Research source
- Based on the findings of the investigation, the OCR may work with you to facilitate a settlement and resolution of your complaint. If the OCR determines that your civil rights were violated, it will work with you and the school to create a plan that would remedy the violation and prevent further violations in the future.
- If the OCR determines that the school did not violate your civil rights, you may appeal that decision. You have 60 days to file an appeal with the OCR. It's a good idea to hire an attorney if you reach this stage because appeals must explain why the OCR's legal analysis was incorrect.
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Talk to an attorney regarding your complaint. The OCR doesn't represent you while investigating your complaint. You have a right, at any time during the process, to file a lawsuit against the school or school district. An attorney who specializes in civil rights law will be able to advise you on whether this is a good strategy in your case. [11] X Research source
- Most civil rights attorneys offer a free initial consultation, so you can take advantage of that to get an assessment of your case. Make sure you talk to more than one attorney. Some may be willing to take on your case while others are not.
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Collect evidence of the misconduct. Any evidence you might have, such as written documents or photos, strengthens your complaint. If you know of other witnesses to the misconduct, you might also talk to them and see if they are willing to discuss what they witnessed on the record. [12] X Research source
- Keep in mind most teacher certification agencies will not allow anonymous comments. Even if you know other people who witnessed the misconduct, they may not be willing to come forward on the record.
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Draft an affidavit describing the misconduct you observed. Include as much detail as possible about the misconduct, including when and where the misconduct occurred. List only facts that describe the misconduct you're alleging, not conclusions based on those facts. [13] X Research source
- For example, if you saw a teacher drinking on a school field trip, you might say "I saw the teacher order 4 drinks" or "I could smell alcohol on the teacher's breath." However, you wouldn't say something like "the teacher was drunk during the school field trip," as that would be drawing a conclusion.
- Make sure you identify the teacher you're complaining about as completely as possible. At a minimum, you should include their full name, the school they teach at, and the grades and subject matter they teach.
- Some states have a specific form you must use. If a form is available, you typically can download it online. Simply search for "teacher complaint form" or "educator complaint form" along with the name of your state. [14] X Research source
Tip: Because affidavits are sworn statements, they often must be notarized. If you see a notary box at the bottom of the affidavit form, do not sign your affidavit until you're in the presence of a notary. If you are under the age of 18, you also must have a parent sign your affidavit.
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Attach any supporting documents you have to your affidavit. Supporting documents, such as letters or photos, may lend credence to your allegations. If you have any documents or other evidence related to your complaint, mention them specifically in your affidavit and then attach them. [15] X Research source
- For example, you might write in your affidavit "I am attaching the letter I received from the principal of the school after I reported this incident on October 15, 2019."
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Submit your affidavit to the appropriate state office. Typically, the state office that issues teacher certifications is also in charge of teacher discipline. However, in some states, another office receives and investigates these reports. In that case, the teacher certification agency will typically tell you where you need to submit any complaints. [16] X Research source
- The complaint process is typically included on the teacher certification agency's website. If you're not sure the name of the agency in your state that issues teacher certifications, search for "teacher certification" followed by the name of your state. Check the headers or footers at the top or bottom of the home page to make sure you're on an official page.
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Cooperate with any further investigation or requests. Once your complaint is received, the agency might contact you to ask for more information or to schedule an interview so you can discuss your concerns. After the investigation, you'll typically get notice of the agency's recommendation or final action regarding the teacher you complained about. [17] X Research source
- Keep in mind that typically, the teacher will also get a full copy of your complaint and have the opportunity to respond.
- There typically isn't any appeal if you don't agree with the agency's decision. However, in limited situations, you may be able to file a lawsuit against the teacher or the school where they work. Talk to a local attorney who specializes in education law.
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Warnings
- This article discusses how to file a complaint against a school in the US. If you live in another country, the rules and procedures may be different. Consult an attorney near you who specializes in education or administrative law.Thanks
- Official complaints against a school or educator can rarely be anonymous. If you prefer to remain anonymous, consider submitting a tip to a local investigative news agency.Thanks
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References
- ↑ https://www.pspc.education.pa.gov/Educator-Discipline-System-and-Reporting/How-to-File-a-Complaint/Pages/default.aspx
- ↑ https://www.parentcenterhub.org/statecomplaint-2/
- ↑ https://www.pspc.education.pa.gov/Educator-Discipline-System-and-Reporting/How-to-File-a-Complaint/Pages/default.aspx
- ↑ https://www.parentcenterhub.org/statecomplaint-2/
- ↑ https://www.youtube.com/watch?v=8k7VrhFsx6o
- ↑ https://www.aclunc.org/our-work/know-your-rights/know-your-rights-filing-complaint-about-school-bullying-harassment-or
- ↑ https://www.aclunc.org/our-work/know-your-rights/know-your-rights-filing-complaint-about-school-bullying-harassment-or
- ↑ https://www2.ed.gov/about/offices/list/ocr/complaints-how.html
- ↑ https://www2.ed.gov/about/offices/list/ocr/complaints-how.html
- ↑ https://www2.ed.gov/about/offices/list/ocr/complaints-how.html
- ↑ https://www2.ed.gov/about/offices/list/ocr/complaints-how.html
- ↑ https://www.ctc.ca.gov/educator-discipline/public
- ↑ https://www.ctc.ca.gov/educator-discipline/public
- ↑ https://www.pspc.education.pa.gov/Educator-Discipline-System-and-Reporting/How-to-File-a-Complaint/Pages/default.aspx
- ↑ https://www.ctc.ca.gov/educator-discipline/public
- ↑ https://www.pspc.education.pa.gov/Educator-Discipline-System-and-Reporting/How-to-File-a-Complaint/Pages/default.aspx
- ↑ https://www.ctc.ca.gov/educator-discipline/public
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