State Complaint Procedures
In addition to mediation, the FDOE maintains a state complaint procedure whereby parents
and other interested parties may file a state complaint alleging that a school district
has violated state or federal requirements regarding the education of students with disabilities.
The state complaint procedures are disseminated to parents and other interested individuals,
including parent training and information centers.
State complaints may be filed by sending a signed, written complaint to
Chief, Bureau of Exceptional Education and Student Services,
Florida Department of Education, Turlington Building, Room 614,
325 West Gaines Street, Tallahassee, Florida 32399-0400.
The signed, written complaint must
• include a statement which describes how a requirement of the IDEA has not been met
• include an explanation of the facts onwhich the statement is based
• allege a violation that occurred within one year of the date
when the complaint is filed, unless the violation is continuing
or you are requesting compensatory services for a violation
which occurred within three years of the date the complaint is filed.
On receipt of a formal complaint filed by you, the FDOE
will advise you of your right to alternate resolution activities,
including mediation, and within sixty (60) calendar days
after a complaint is date-stamped in the bureau chief’s office, the FDOE must
• conduct an independent on-site investigation, if the FDOE determines that is necessary
• provide you with the opportunity to submit additional
information either orally or in writing about the allegations in the complaint
• review all relevant information and make an independent determination
as to whether the school district is violating a state or federal requirement
regarding the education of students with disabilities
• issue a written decision to you that addresses each issue presented in the complaint,
including findings of fact, conclusions, and the reasons for the FDOE’s final decision
• extend the 60-day time limit if exceptional circumstances exist.
Florida Child Abuse Hot Line 1-800-962-2873
Please see page 11 of 21 and 15 of 21.
The Welfare of Children Act (HB 7173) amended the definition of "
other person responsible for the child's welfare" to include school personnel,
Ask your local legislators to help you with the following.......
A. Request that the Florida Department of Education make it a
priority and take immediate action to create policies and procedures
for all FL public schools to follow for restraint and seclusion. Reason:
Our children are being unnecessarily restrained and put in seclusion.
Our children are being injured and traumatized.
B. Create a law to monitor policies and procedures.
Hold schools accountable for not following the policies
and procedures when complaints are filed with school districts or the DOE.
Find your Legislators by ZIP+4 Code
FDOE Technical Assitance Paper on TimeOut Rooms
We can make a difference for our children by standing together to reduce restraint and seclusion by writing to our legislators and requesting help with the following:
1. Request that the Florida Department of Education make it a priority and take immediate action to create policies and procedures for all FL public schools to follow for restraint and seclusion. Reason: Our children are being unnecessarily restrained and put in seclusion. Our children are being injured and traumatized.
2. Create a law to monitor policies and procedures. Hold schools accountable for not following the policies and procedures when complaints are filed with school districts or the DOE.
Find your Legislators by ZIP+4 Code (the 4 extra number can be found on most of your incoming mail next to your zip code)
Children with Autism and other disabilities who are having behavior issues in school need services, supports, and highly specialized attention—not restraint and seclusion. When implementation of an IEP, service, or treatment plan fails to achieve the desired or appropriate behavior, there must be a review and revision of the plan. Subjecting a child or youth to restraints and seclusion in such situations is equivalent to punishing the victim. No service or treatment plan should EVER include provisions for the routine use of seclusion or restraints. Seclusion or “time out” or any form of restraint are punishments that should be eliminated from the behavioral contracting and discipline protocols of schools. R & S is not a treatment it is a failure of treatment!
Article about school misusing restraint
Neurodiversity.com
Neurodiversity Weblog
The Alliance to Prevent Restraint,
Aversive Interventions, and Seclusion
Why does APRAIS seek to eliminate the use of
aversive procedures, seclusion, and non-emergency restraint?
Aversive procedures, seclusion and non-emergency restraint are now recognized to be dangerous; leading to injury, death and trauma.
These procedures are still being used as part of treatment plans though no evidence exists for therapeutic value. It is widely accepted that restraint is not treatment; it is the failure of treatment.
The use of restraint, with the exception of brief physical intervention when someone is at imminent risk of hurting himself or others violates 8th and 14th amendment protections.
Statutes and regulations are outdated, confusing, uncoordinated, and protect some while others remain at risk.
Thank you to PhyllisMusumeci for sharing her links with IPUT, she is an advocate working to put policies in place by DOE for all Florida schools to follow so that our children are not traumatized and hurt, or worse damaged by improper restraint and seclusion.