(1) Upon receipt of a properly filed
complaint, the OSPI shall send a copy of the complaint to the school district
or other agency for their investigation of the alleged violations. A complaint
against OSPI shall be investigated pursuant to WAC
392-172A-05040.
(2) The OSPI will provide the complainant the
opportunity to submit additional information, either orally or in writing,
about the allegations contained in the complaint. If the additional information
contains new information, the OSPI may, in its discretion, either notify the
district of the additional issues or inform the parent of the option to open a
new complaint.
(3) The school
district or other agency shall respond in writing to the OSPI with
documentation of the investigation, no later than seventeen calendar days after
the date of receipt of the complaint.
(4) The response to the OSPI shall clearly
state whether:
(a) The allegations contained
in the complaint are denied and the basis for such denial; or
(b) The allegations are admitted and with
proposed reasonable corrective action(s) deemed necessary to correct the
violation.
(5) The OSPI
will provide the complainant a copy of the school district's or other agency's
response to the complaint and provide the complainant an opportunity to reply.
If the complainant is not authorized to review personally identifiable
information, that information will not be provided to the
complainant.
(6) Upon review of all
relevant information including, if necessary, information obtained through an
independent on-site investigation by the OSPI, the OSPI will make an
independent determination as to whether the school district or other public
agency has or is violating a requirement of Part B of the act, the federal
regulations implementing the act, this chapter, or whether the public agency is
not implementing a mediation or resolution agreement.
(7) The OSPI shall issue a written decision
to the complainant that addresses each allegation in the complaint including
findings of fact, conclusions, and the reasons for the decision. The decision
will be issued within sixty days after receipt of the complaint unless:
(a) Exceptional circumstances related to the
complaint require an extension; or
(b) The complainant and school district or
other agency agrees in writing to extend the time to use mediation or an
alternative dispute resolution method.
(8) If the OSPI finds a violation, the
decision will include any necessary corrective action to be undertaken and any
documentation to be provided to ensure that the corrective action is completed.
If the decision is that a school district or other public agency has failed to
provide appropriate services, the decision will address:
(a) How to remediate the failure to provide
those services, including, as appropriate, compensatory education, monetary
reimbursement, or other corrective action appropriate to the needs of the
student; and
(b) Appropriate future
provision of services for all students eligible for special education
services.
(9) Corrective
action ordered by OSPI must be completed within the timelines established in
the written decision, unless another time period is established through an
extension of the timeline. If compliance by a school district or other public
agency is not achieved pursuant to subsection (8) of this section, the OSPI
will initiate fund withholding, fund recovery, or any other sanction deemed
appropriate.
