34 C.F.R. § 300.151
Adoption of State complaint procedures
(a) General. Each SEA must adopt written procedures for—
(1) Resolving any complaint, including a complaint filed by an organization or individual from another State, that meets the requirements of § 300.153 by—
(i) Providing for the filing of a complaint with the SEA; and
(ii) At the SEA's discretion, providing for the filing of a complaint with a public agency and the right to have the SEA review the public agency's decision on the complaint; and
(2) Widely disseminating to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities, the State procedures under §§ 300.151 through 300.153.
(b) Remedies for denial of appropriate services. In resolving a complaint in which the SEA has found a failure to provide appropriate services, an SEA, pursuant to its general supervisory authority under Part B of the Act, must address—
(1) The failure to provide appropriate services, including corrective action appropriate to address the needs of the child (such as compensatory services or monetary reimbursement); and
(2) Appropriate future provision of services for all children with disabilities.
Notes of Decisions
Cited in 19
cases (5 in the last 5 years), 2007–2025 · leading case: Somberg Ex Rel. Somberg v. Utica Cmty. Sch., 908 F.3d 162 (6th Cir. 2018).
Somberg Ex Rel. Somberg v. Utica Cmty. Sch., 908 F.3d 162 (6th Cir. 2018). “Part 8 is an informal complaint-resolution procedure that the state of Michigan has implemented in accordance with 34 C.F.R. §§ 300.151 - 300.153. The procedure is distinct from the formal due process procedures that the IDEA requires, but it similarly allows a parent to raise…”
T.B. ex rel. Brenneise v. San Diego Unified Sch. Dist., 806 F.3d 451 (9th Cir. 2015). “See 34 C.F.R. § 300.151 ; Porter, 307 F.3d at 1066-67 .”
I.L. ex rel. Taylor v. Knox Cnty. Bd. of Educ., 257 F. Supp. 3d 946 (E.D. Tenn. 2017). “34 C.F.R. § 300.151 (a)(l)(i). Once the Department receives the complaint, it “shall promptly investigate” and,.”
Morgan Hill Concerned Parents Ass'n v. California Dep't of Educ., 258 F. Supp. 3d 1114 (E.D. Cal. 2017). “States that receive IDEA funding must adopt a second procedure to address complaints, as detailed in 34 C.F.R. §§ 300.151 -.153. See also Fairfield-Suisun, 780 F.”
Z.J. v. Bd. of Educ. of Chi., 344 F. Supp. 3d 988 (E.D. Ill. 2018). “" 34 CFR 300.151(b)(1). Compensatory educational services "should be 'reasonably calculated to provide the educational benefits that likely would have accrued from special education services the school district should have supplied in the first place.”
Fairfield-Suisun Unified Sch. Dist. v. State of California Dep't of Educ., 780 F.3d 968 (9th Cir. 2015). “34 C.F.R. § 300.151 (a). A complaint resolution proceeding may be initiated by parents to remedy a public agency’s violation of any requirement imposed by certain provisions of the IDEA and its implementing regulations.”
Indep. Sch. Dist. No. 12 v. Minnesota Dep't of Educ., 767 N.W.2d 478 (Minn. Ct. App. 2009). “34 C.F.R. §§ 300.151 -.153 (2008). If MDE finds that a local school district violated special education requirements, it must order the district to remedy the denial of those services, including “corrective action appropriate to address the needs of the child.”
Bickford v. State, Dep't of Educ. & Early Dev., 155 P.3d 302 (Alaska 2007). “662 (1998) (current version at 34 C.F.R. §§ 300.151 -.153 (2006)). Unlike the due process hearing, which is expressly provided for by statute, the administrative complaint is established only in the code of federal regulations.”
T.B. v. San Diego Unified Sch. Dist., 795 F.3d 1067 (9th Cir. 2015). “See 34 C.F.R. § 300.151 ; Porter, 307 F.3d at 1066-67 .”
Steven R.F. v. Harrison Sch. Dist. No. 2, 331 F. Supp. 3d 1227 (D. Colo. 2018). “See 34 C.F.R. §§ 300.151 - 300.153 (establishing the requirement for state complaint procedures, including that each state education agency must adopt written procedures for "[r]esolving any complaint").”
State ex rel. Governing Bd. of Warren Cty. Edn. Serv. Ctr. v. Ohio Dept. of Edn. & Workforce, 2024 Ohio 6061 (Ohio Ct. App. 2024). “This is made evident in 34 C.F.R. 300.151(a), which charges each SEA (DEW in this case) with the responsibility of adopting written procedures complying with 34 C.”
Bickford v. State, Dept. of Educ., 155 P.3d 302 (Alaska 2007). “662 (1998) (current version at 34 C.F.R. §§ 300.151 -.153 (2006)). Unlike the due process hearing, which is expressly provided for by statute, the administrative complaint is established only in the code of federal regulations.”
— 34 C.F.R. § 300.151(a) — 1 case
State ex rel. Governing Bd. of Warren Cty. Edn. Serv. Ctr. v. Ohio Dept. of Edn. & Workforce, 2024 Ohio 6061 (Ohio Ct. App. 2024). “This is made evident in 34 C.F.R. 300.151(a), which charges each SEA (DEW in this case) with the responsibility of adopting written procedures complying with 34 C.”
— 34 C.F.R. § 300.151(a)(1)(i) — 1 case
State ex rel. Governing Bd. of Warren Cty. Edn. Serv. Ctr. v. Ohio Dept. of Edn. & Workforce, 2024 Ohio 6061 (Ohio Ct. App. 2024). “This is made evident in 34 C.F.R. 300.151(a), which charges each SEA (DEW in this case) with the responsibility of adopting written procedures complying with 34 C.”
— 34 C.F.R. § 300.151(b)(1) — 2 cases
Z.J. v. Bd. of Educ. of Chi., 344 F. Supp. 3d 988 (E.D. Ill. 2018). “" 34 CFR 300.151(b)(1). Compensatory educational services "should be 'reasonably calculated to provide the educational benefits that likely would have accrued from special education services the school district should have supplied in the first place.”
J. v. Bd. of Educ. of The City of Chicago (N.D. Ill. 2018).
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