Phew! It’s the day after graduation, and your school district is finally off the hook for a potential state complaint you have been fearing the legal guardian of a student with disabilities would file against the district for months. Not so fast! On March 30, 2023, the Office of Special Education Programs (OSEP) (part of the U.S. Department of Education) released a policy letter relating to the rights of students who have graduated. Letter to Oettinger, which is dated March 2, 2023, addresses the following issues:
(1) Must a State Educational Agency (SEA) resolve a complaint if the child who is the subject of the complaint has graduated?
(2) Must an SEA resolve a complaint that alleges systemic noncompliance based on facts related to a child who has graduated?