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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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. [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. "
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.
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.
