School & Education

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Filing a complaint with the board of education

The Illinois State Board of Education (ISBE) is the state agency that is in charge of making sure that the Individuals with Disabilities Education Act (IDEA) is followed. You should file a complaint with the ISBE if you think that your child's school is not following the special education laws.

ISBE will not investigate any problems that are currently part of a due process hearing request.

Timeline limits

You must file the complaint within 1 year of the incident. You may be able to file later if the violation is continuing.

How to file

To file a complaint, you can use the ISBE online complaint form. Your complaint must include:

  • the name, address, and contact information of the person filing the complaint,
  • the student's name, 
  • the name of the school district and the school the student attends, and
  • detailed information about the violations, including when they took place and a proposed resolution.

If you use the online form, you may need to include additional pages to explain the problems. Note that you have attached more pages on the complaint form.

Submit your signed complaint form to ISBE. You must also send a copy of the complaint to the school district you are filing against. 

Include supporting documentation with the complaint. If your child is over 18, you must attach a letter from the child saying that you can act on his or her behalf. 

Timeline for investigation

ISBE will conduct an investigation within 60 days of the complaint being filed. They may ask for an extension of time.

You can engage in mediation after a complaint has been filed to see if you can resolve the issues with the school district. ISBE provides free mediation services. 

Investigation findings

At the end of the investigation, ISBE will issue findings detailing the issues raised and say whether violations were found. ISBE will also include corrective action to the school district if violations are found. 

Filing a state complaint does not prevent you from filing for a due process hearing about the same issues, even after the ISBE investigation is completed.
 

Placement of the student

Filing a complaint with ISBE does not freeze placement. It does not prevent an Individualized Education Program (IEP) from going into effect. If you want to freeze placement you need to file for mediation or request a due process hearing.

Costs

There is no cost to file a complaint with ISBE, but you may want to hire a lawyer to represent you since the rules and laws involved in this process can be complex.

Last full review by a subject matter expert
March 13, 2023
Last revised by staff
April 24, 2023

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Worried about doing this on your own?  You may be able to get free legal help.

Part of the equal education library, sponsored by Greenberg Traurig.

Greenburg Traurig logo