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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness

by fostering educational excellence and ensuring equal access. 

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

OFFICE OF SPECIAL EDUCATION PROGRAMS

March 2, 2023 

Manny Diaz, Jr. 

Commissioner of Education 

Florida Department of Education 

Turlington Building, Suite 1514 

325 West Gaines Street

Tallahassee, Florida 32399-0400 

Dear Commissioner Diaz: 

This letter responds to the Florida Department of Education’s (FDOE) March 17, 2021, October 

20, 2021, November 15, 2021, November 16, 2021, January 25, 2022, July 13, 2022, July 25, 

2022, and September 16, 2022, submissions to the U.S. Department of Education (Department), 

Office of Special Education Programs (OSEP), following OSEP’s December 18, 2020, 

monitoring letter (letter). OSEP’s letter required FDOE to implement corrective actions to 

address noncompliance with requirements under Part B of the Individuals with Disabilities 

Education Act (IDEA) as identified through OSEP’s differentiated monitoring and support 

(DMS) activities conducted on-site with FDOE’s Bureau of Exceptional Education and Student 

Services on December 9–11, 2019. 

OSEP’s letter identified noncompliance with the IDEA Part B requirements in two areas of 

FDOE’s dispute resolution system. Specifically, as reported in OSEP’s December 18, 2020, 

letter, OSEP found that: 

A. State Complaint Procedures

1. Absent the complainant’s written agreement to withdraw the complaint based on the 

State’s written acceptance of a proposal to resolve the complaint, FDOE’s practice of 

accepting a proposed resolution of the complaint without reviewing all relevant 

information and making an independent determination as to whether the public 

agency was violating a requirement of Part B of IDEA or its implementing 

regulations, was inconsistent with 34 C.F.R. § 300.152(a)(4). Further, under these 

circumstances, FDOE’s practice of not issuing a written decision that addressed each 

allegation in the complaint and contained findings of fact and conclusions and the 

reasons for the State Education Agency’s final decision, was inconsistent with 

34 C.F.R. § 300.152(a)(5); and 

2. The FDOE, Bureau of Exceptional Education and Student Services, State 

Complaints–General Information document; and Filing a State Complaint–Frequently 

Asked Questions document, are not fully consistent with the requirements in 

34 C.F.R. §§ 300.151–300.153. 
Page 2 – Commissioner Manny Diaz, Jr. 

B. Dispute Resolution Procedures Including Notice of Procedural Safeguards

1. Florida’s Rule 6A-6.03311(4) regarding mediation is inconsistent with 20 U.S.C. 

§ 1415(e)(1) and 34 C.F.R. § 300.506. Specifically, the Rule is inconsistent with 

IDEA’s provisions that mediation must be available to: 

a. Resolve any matter arising under Part B of IDEA, including matters arising 

prior to the filing of a due process complaint; and

b. Parties to disputes under Part B of IDEA, which are parents and public 

agencies, not merely school district personnel. 

2. Florida’s Rule 6A-6.03311(5) regarding State complaints is inconsistent with 

34 C.F.R. §§ 300.151(a) and 300.153(b)(1) because it does not provide that a 

complaint may allege that a public agency has violated a requirement of Part B of 

IDEA or the IDEA Part B regulations.; and 

3. Florida’s Part B Notice of Procedural Safeguards for Parents and Students with 

Disabilities is inconsistent with 20 U.S.C. §1415(d) and 34 C.F.R. § 300.504(c) 

because it did not include a full explanation of the procedural safeguards available to 

the parents of a child with a disability. 

To address the noncompliance identified, OSEP’s letter required FDOE to implement corrective 

actions. Specifically, within 90 days of receipt of OSEP’s letter, FDOE was required to provide 

OSEP with:

A. State Complaint Procedures

1.1 A copy of its revised procedures governing its State complaint resolution system 

to ensure that, unless it receives a written agreement from the complainant 

withdrawing the complaint:

a. When it adopts a district’s or complainant’s proposal to resolve a 

complaint, the Bureau of Exceptional Education and Student Services 

reviews all relevant information and makes an independent 

determination as to whether the public agency is violating a 

requirement of Part B of the IDEA, or its implementing regulations as 

required by 34 C.F.R. § 300.152(a)(4); and 

b. Issues a written decision that addresses each allegation in the 

complaint and contains findings of fact and conclusions and the 

reasons for FLDOE’s final decision, as required by 34 C.F.R. 

§ 300.152(a)(5). 

1.2 Copies of complaint resolutions filed from January 2019 through July 1, 2020, 

where the State accepted the district’s or complainant’s proposal to resolve the 

complaint and concluded the complaint resolution without the agreement of the 

complainant to withdraw the complaint and without complying with the 

requirements in 34 C.F.R. § 300.152(a)(4) and (5). Documentation for such 

complaints that the State sought the complainant’s permission to either formally 

withdraw the complaint or to reopen the complaint and issue a decision in 

accordance with the requirements in 34 C.F.R. § 300.152(a)(5). 
Page 3 – Commissioner Manny Diaz, Jr. 

1.3 Documentation of the withdrawal of complaints filed after July 1, 2020, if any, 

where FDOE has accepted the proposal to resolve the complaint, and all 

complaint resolution decisions of complaints filed after July 1, 2020, if any, in 

which FDOE has accepted the proposal to resolve the complaint; 

1.4 A copy of the notification to be issued to all LEAs, parent advocacy groups and 

other interested parties advising them of the State’s responsibility to comply with 

all applicable IDEA Part B complaint resolution procedures in 34 C.F.R. 

§§ 300.151–300.153, including in situations where a school district submits a 

proposal to resolve the complaint, or the complainant submits a proposed 

resolution of the problem with regard to a particular child to the extent known and 

available, and the complainant has not agreed to withdraw the complaint; and 

1.5 A copy of FDOE’s revised State Complaints–General Information; and Filing a 

State Complaint–Frequently Asked Questions documents, consistent with the 

requirements in 34 C.F.R. §§ 300.151–300.153 for OSEP’s review and approval. 

B. Dispute Resolution Procedures Including Notice of Procedural Safeguards

2.1 A plan to revise the Florida Administrative Code, Rule: 6A-6.03311(4) and (5)—

Procedural Safeguards and Due Process Procedures for Parents and Students with 

Disabilities, in accordance with OSEP’s conclusions as set forth in its December 

20, 2018 letter, to ensure IDEA requirements are addressed with respect to: 1) 

matters that can be the subject of a mediation; 2) the parties to mediation; and 3), 

that a State complaint may allege that a public agency, as defined in 34 C.F.R. 

§ 300.33, has violated a requirement of Part B of IDEA or the IDEA Part B 

regulations. 

2.2 A written assurance that pending all necessary amendments to the referenced 

rules, FDOE will ensure that the State and its public agencies implement 

mediation under 34 C.F.R. § 300.506 and the State complaint procedures in 

accordance with 34 C.F.R. §§ 300.151(a) and 300.153(b)(1). 

2.3 A plan to revise its Notice of Procedural Safeguards to include a full explanation 

of the procedural safeguards available to the parents of a child with a disability, as 

set forth in 20 U.S.C. § 1415(d) and 34 C.F.R. § 300.504(c). 

2.4 A copy of a memorandum or other notification to be issued to all LEAs, parent 

advocacy groups and other interested parties advising them that the State will be 

amending the Florida Administrative Code, Rule: 6A-6.03311(4) and (5)—

Procedural Safeguards and Due Process Procedures for Parents and Students with 

Disabilities. 

2.5 A copy of the memorandum or notification to be issued to all LEAs, parent 

advocacy groups and other interested parties advising them that FDOE will be 

revising its Notice of Procedural Safeguards to be consistent with Part B of IDEA.

On March 17, 2021, October 20, 2021, November 15, 2021, November 16, 2021, January 25, 

2022, July 13, 2022, July 25, 2022, and September 16, 2022, FDOE provided OSEP with the 

corrective actions that it has taken in response to the noncompliance identified in OSEP’s 

December 18, 2020, letter. Specifically, FDOE submitted: 
Page 4 – Commissioner Manny Diaz, Jr. 

• Revised IDEA state complaint procedures specific to corrective action 1.1 and 

1.1(a) and (b). 

• An Excel file containing an overview of complaint resolutions from January 2019 to 

July 1, 2021, where the State accepted the district’s or complainant’s proposal 

regarding corrective action 1.2. Subsequently, on January 25, 2022, July 25, 2022, 

and September 16, 2022, FDOE submitted a plan to OSEP with additional proposed 

corrective actions specific to corrective action 1.2. 

• FDOE’s Paperless Memo notifications that were sent to districts and stakeholders, 

which were also publicly posted in FDOE’s 2021-36 Weekly Memo, for the week of 

February 15-19, 2021, specific to corrective actions: 

o 1.4 (regarding the State’s responsibility to comply with all applicable IDEA Part 

B complaint resolution procedures in 34 C.F.R. §§ 300.151–300.153); 

o 2.4 (regarding amending the Florida Administrative Code, Rule: 6A-6.03311(4) 

and (5)—Procedural Safeguards and Due Process Procedures for Parents and 

Students with Disabilities); and

o 2.5 (regarding FDOE’s intent to revise its Notice of Procedural Safeguards to be 

consistent with Part B of IDEA).

• A web link to its revised technical assistance document, State Complaints–General 

Information and Filing a State Complaint–Frequently Asked Questions related to 

required action 1.5. 

• A web link to the updated Florida Rule 6A-6.03311(4) of the Florida Administrative 

Code that includes revised language related to: 1) matters that can be the subject of 

a mediation; (2) parties to mediation; and (3), that a State complaint may allege that 

a public agency, as defined in 34 C.F.R. § 300.33, has violated a requirement of Part 

B of IDEA or the IDEA Part B regulations, specific to required action 2.1. 

• A written assurance that the State and its public agencies will implement mediation 

under 34 C.F.R. § 300.506 and the State complaint procedures in accordance with 

34 C.F.R. §§ 300.151(a) and 300.153(b)(1), specific to required action 2.2; and

• A plan to adopt the Department’s IDEA Part B Procedural Safeguards Notice model 

form by July 1, 2021. 

Based on OSEP’s review of the supportive documentation and information submitted by 

FDOE, OSEP has determined that FDOE has taken appropriate steps to address the following 

corrective actions:

A. State Complaint Procedures

• 1.1 including, 1.1(a) and 1.1(b), related to revising its procedures governing its 

IDEA Part B State complaint resolution system to be consistent with the 

requirements under 34 C.F.R. §§ 300.152(a)(4) and 300.152(a)(5). 

• 1.2, related to copies of complaint resolutions filed from January 2019 through 

July 1, 2020, where the State accepted the district’s or complainant’s proposal to 

resolve the complaint and concluded the complaint resolution without the 

agreement of the complainant to withdraw the complaint and without complying 
Page 5 – Commissioner Manny Diaz, Jr. 

with the requirements in 34 C.F.R. § 300.152(a)(4) and (5). Documentation for 

such complaints that the State sought the complainant’s permission to either 

formally withdraw the complaint or to reopen the complaint and issue a decision 

in accordance with the requirements in 34 C.F.R. § 300.152(a)(5). 

• 1.3, related to documentation of the withdrawal of complaints filed after July 1, 

2020, if any, where FDOE has accepted the proposal to resolve the complaint, and 

all complaint resolution decisions of complaints filed after July 1, 2020, if any, in 

which FDOE has accepted the proposal to resolve the complaint. 

• 1.4, related to the notification to all LEAs, parent advocacy groups and other 

interested parties advising them of the State’s responsibility to comply with all 

applicable IDEA Part B complaint resolution procedures in 34 C.F.R. §§ 

300.151–300.153; and 

• 1.5, related to FDOE’s technical assistance materials and the revisions of the State 

Complaints–General Information; and Filing a State Complaint–Frequently Asked 

Questions documents. 

B. Dispute Resolution Procedures Including Notice of Procedural Safeguards 

2.1, related to Florida’s Rule 6A-6.03311(4) regarding: (1) matters that can be 

the subject of a mediation; (2) the parties to mediation; and (3), that a State 

complaint may allege that a public agency, as defined in 34 C.F.R. § 300.33, has 

violated a requirement of Part B of IDEA or the IDEA Part B regulations. 

2.2, related to FDOE’s written assurance that pending all necessary amendments 

to the referenced rules, FDOE will ensure that the State and its public agencies 

implement mediation under 34 C.F.R. § 300.506 and the State complaint 

procedures in accordance with 34 C.F.R. §§ 300.151(a) and 300.153(b)(1); 

• 2.3, related to FDOE’s adoption of the Department’s IDEA Part B Procedural 

Safeguards Notice model form in place of FDOE’s Notice of Procedural 

Safeguards to comply with 20 U.S.C. § 1415(d) and 34 C.F.R. § 300.504(c); and 

• 2.4 and 2.5, related to FDOE’s notification to all LEAs, parent advocacy groups 

and other interested parties advising them of the State’s intent to amend the 

Florida Administrative Code, Rule: 6A-6.03311(4) and (5)—Procedural 

Safeguards and Due Process Procedures for Parents and Students with 

Disabilities and FDOE’s intent to revise its Notice of Procedural Safeguards.
Page 6 – Commissioner Manny Diaz, Jr. 

OSEP has determined that FDOE has taken appropriate steps to address the noncompliance 

identified in OSEP’s December 18, 2020, letter. OSEP appreciates FDOE’s efforts to address the 

identified noncompliance and complete the required corrective actions. Please contact Dwight 

Thomas, Education Program Specialist, at 202-245-6238 or Dwight.Thomas@ed.gov if you have 

any questions or concerns. 

 Sincerely, 

Valerie C. Williams

Director

Office of Special Education Programs

cc: Gregg Corr, Division Director, Monitoring and State Improvement Planning Division, OSEP 

 Jessica Brattain, Bureau Chief, Exceptional Education and Student Services, FDOE