When a parent believes the school is not following the state or federal regulations, or thinks the school is not doing what is written in her child's IEP, the parent may file a written complaint with the State Department of Education. A formal complaint form is on the PED website, but if we recommend you make sure all of these elements are included on the form if you use it.

• Gather all information pertinent to the incident or issues, including copies of the IEP, BIP, evaluations, school referrals, meeting minutes, observations of teachers and/or witnesses, and attempts to resolve the issues.
• Make a list of all concerns including details, specific names, titles, dates, and places.
• Write your complaint letter and include the following:
• A statement citing the federal and state regulations being violated by the school. The federal regulations can be found at the law library, or online at http://www.access.gpo.gov/nara/cfr/. The federal special education regulations will start with 34 C.F.R. §300. The state regulations can be found at the law library, at the reference desk of the public library or online at http://www.nmcpr.state.nm.us/nmac/. The state special education regulations will start with 6.31.2.1 NMAC.
• Then a statement of the facts, including how the conflict began, names, dates and other specific information.
• A statement showing the school has been notified of the issues but they have not resolved them to your satisfaction.
• A request for an administrative review of the issues in your complaint. You may want to request a mediation or facilitated IEP with an independent facilitator/mediator to help resolve the educational issues. Also, you may have recommendations of possible remedies such as compensatory services to make up for the services your child may have missed.
• Your address and telephone number and the school district's administration address and telephone number with the name of the district's superintendent must be included. You must sign the complaint.
• Make sure the complaint is signed and dated and that you save a copy.
• If you want another party to share the results of the complaint investigation, include a signed release form giving the PED permission to give the information to the other party.
• Send the complaint by certified mail. Enclose a copy of your child's last IEP and BIP if applicable. Copies of the complaint should be sent to the superintendent of the school district and the principal of your child's school.

The document must be addressed to:

Ms Denise Koscielniak Director of Special Education
Public Education Department
120 S. Federal Place Rm 206
Santa Fe, New Mexico 87501