Complaint Decisions

Recent Complaint decisions are posted here for 30 days. After that time, they will be found on our Data Reports and Analytics page.

Please note: Decisions issued prior to March 1, 2016, can be found on our Compliance Search page.
  • 19-096C - 9/23/19
    District failed to provide prior written notice of a refusal within 14 calendar days of parent request and failed to provide procedural safeguards notice upon parent request for evaluation.
  • 20-002C - 9/20/19
    The District violated special education law when, during the 2018-19 school year, it failed to properly document the use of physical holds with the Student each time a physical hold was used, failed to notify the parent the same day a restrictive procedure was used on the Student or via written or electronic notice within two days, failed to indicate in the Student's IEP how the parent wants to be notified when a restrictive procedure is used on tThe District violated 34 C.F.R. §§ 300.324(b), 300.324(a)(2), 300.117 when it failed to consider and revise a student’s 2019 IEP as appropriate to address the student's lack of progress in the general education curriculum, information about a student provided by the student’s parents, including information about his participation in extracurricular activities, and the student’s anticipated needs; violated 34 C.F.R. § 300.503(a) and Minn. R. 3525.3600 when it failed to provide prior written notice when it proposed a student’s IEP; violated 34 C.F.R. § 300.17 when it failed to provide direct special education minutes, counseling services, visual aids, and class notes to a student, as required by a student's IEPs; and violated 34 C.F.R. § 300.101 when it failed to provide a student with FAPE during the 2018-19 school year.
  • 20-001C - 9/20/19
    The District violated special education law when, during the 2018-19 school year, it failed to properly document the use of physical holds with the Student each time a physical hold was used, failed to notify the parent the same day a restrictive procedure was used on the Student or via written or electronic notice within two days, failed to indicate in the Student's IEP how the parent wants to be notified when a restrictive procedure is used on the Student, and failed to hold IEP team meetings within 10 calendar days after using physical holds on the Student on two separate school days within 30 calendar days.
  • 19-122C - 9/20/19
    The District violated 34 C.F.R. § 300.17 when it failed to ensure that for her social studies class, the Student received review/study guides for summative assessments one week in advance, as required by her November 2018 IEP.
  • 19-0119C - 9/20/19
    The District violated special education law when it failed to ensure Duluth was providing an appropriate educational program for the Student during the summer of 2019.
  • 19-0113C - 9/20/19
    The District violated 34 C.F.R. § 300.502(a)(2) when it failed to provide the parent with information about where an IEE may be obtained and the agency criteria applicable for an IEE; violated 34 C.F.R. § 300.502(b)(2) when it failed to file a due process complaint to request a hearing to show its May 2018 reevaluation was appropriate or ensure that an IEE was provided at public expense; violated 34 C.F.R. § 300.503 when it failed to provide prior written notice to the parent when it refused the parent's request for additional assessments, direct service minutes in the general education classroom, accommodations to allow the student to remain in the general education classroom, and targeted interventions to be provided to the student; violated 34 C.F.R. § 300.305(a) when it failed to obtain parental input before it determined no additional data was needed to decide the student no longer qualified as a child with a disability under Minnesota law; violated 34 C.F.R. § 300.305(d) when it failed to advise the parent of the right to request an assessment to determine whether he continued to be a child with a disability under IDEA and to determine his educational needs after determining additional data was not needed; and violated 34 C.F.R. § 300.17 when it failed to provide the student with direct services in reading, math, and speech/language: language instruction, and failed to provide progress reports, as outlined in his IEP.
  • 19-0103C - 9/20/19
    he District did not violate special education law when, during the 2018-19 school year, it implemented special education and related services to the Student in conformity with her individualized education program (IEP), provided prior written notices to the Complainant in accordance with special education law, scheduled IEP team meetings at a mutually agreed on time and place, and did not deny the Student access to bathroom facilities.
  • 19-083C - 8/7/19
    The District violated 34 C.F.R. §§ 300.501, 300.116, and 300.115 when it failed to ensure the Student's parents were able to meaningfully participate in the Student's educational placement as members of the group that made the decision on March 14, 2019 and when it failed to ensure that a continuum of alternative placements was available to meet the needs of the Student following the March 14, 2019 meeting. It also violated 34 C.F.R. § 300.503(a) and (b) and Minnesota Rule 3525.3600 when it failed to provide the Student's parents with proper prior written notice following the March 14, 2019 meeting and when it failed to attach a proposed IEP to the prior written notice issued following the March 14, 2019 meeting. The District also violated 34 C.F.R. § 300.101 when it failed to provide the Student with a FAPE following the March 14, 2019 meeting.