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Residential Placement Education Complaint Form

In March 2025, the Pennsylvania Department of Education (PDE) launched a new complaint system to report educational concerns regarding students who are “publicly placed” in residential facilities by courts or county children & youth agencies. Examples include juvenile justice placements, child residential facilities, detention centers, and state prisons. ELC-PA’s tool, downloadable below, facilitates the filing of such complaints, which can be submitted by anyone on behalf of a specific student or all students.

 

 

Resource Page: Immigrant Students’ Rights

In January 2025, the Trump administration rescinded a “Sensitive Locations” Memo that previously prohibited immigration enforcement activity at schools, childcare centers, hospitals and churches. Schools should be safe, welcoming places where every student can learn and thrive. But when immigration enforcement activity and disinformation create fear and confusion, immigrant students and their families may feel uncertain about their rights and what schools must do to protect them. Unfortunately, immigration enforcement activity has been documented on and around school grounds since this change in federal policy (see the tracker at K-12 Dive).

To support educators, parents, and community partners, we’ve compiled key resources that explain students’ rights, schools’ responsibilities, and tools for navigating these issues with confidence and clarity.

School-related Resources

Additional Resources

If your community group or school would like a presentation from ELC-PA about these issues, please contact our Helpline at [email protected] or 215-238-6970.

 

Resource Page: Bullying and Harassment

Bullying and harassment based on race, national origin, disability, religion, sex, sexual orientation, and gender identity continue to be persistent, unaddressed problems in school districts across Pennsylvania.

ELC-PA offers several resources and tools for families, students and child-serving professionals to use when addressing bullying and harassment in their school communities.

Additional resources related to bullying and harassment can also be found in our Back to School Guide here.

Send a message to Pennsylvania school leaders: Our schools need to support all students.

Parents and guardians want our public schools to be safe and affirming for ALL our students. Political attacks on public education and inclusive learning are harmful for all of our kids and cause fear in our communities. Use this template letter to send a message to your principal, superintendent or school board members urging them to publicly share their commitment to welcoming and inclusive schools where ALL children are free to learn.

Request to Opt Out of Disclosing Directory Information (Eligible Students)

Although federal law generally prohibits schools from sharing student records, the law permits schools to disclose certain basic information (such as student name, address, phone number, date and place of birth) without consent unless a parent (or student age 18 or older) “opts out” of sharing this “directory information.”

If a school does not provide a specific opt-out form, “eligible students,” which are students who are 18 years or older or are attending a postsecondary institution, can use this tool to opt out of the disclosure of directory information. Requests must be submitted by the deadline identified by the school. Access the tool by clicking on the yellow ‘Download PDF’ button below. [For Spanish, click here.]

See also our related fact sheet and parent tool.

Request to Opt Out of Disclosing Directory Information (for Parents, Guardians, or Caregivers)

Although federal law generally prohibits schools from sharing student records, the law permits schools to disclose certain basic information (such as student name, address, phone number, date and place of birth) without consent unless a parent (or student age 18 or older) “opts out” of sharing this “directory information.”

If a school does not provide a specific opt-out form, parents, guardians, people acting in the place of a parent/guardian, and educational decision-makers, can use this tool to opt out of the disclosure of directory information. Requests must be submitted by the deadline identified by the school. Access the tool by clicking on the yellow ‘Download PDF’ button below. [For Spanish, click here.]

See also our related fact sheet and eligible student tool.

New Tools (and a Webinar) to Support Students Experiencing Educational Instability

Act 1: New Tools to Support Students Experiencing Educational Instability

Pennsylvania students who experience “education instability” due to homelessness, involvement in the foster care or juvenile justice systems, or court-ordered placements, are entitled to additional support under a new law called Act 1 of 2022.  This law seeks to remove educational and graduation barriers for students who experience one or more school changes during a single school year. These students are often unable to fully participate in school and are unable to graduate on time due to lost or unrecognized credits or a student’s inability to take a course required by their last school.

Learn more about students’ rights under Act 1 in an Education Law Center fact sheet here and review the Pennsylvania Department of Education’s interim guidance on Act 1 here.   You can also view a recorded webinar on implementing Act 1 co-produced by ELC and Juvenile Law Center.

If a student you are working with has experienced education instability, you can use the tools below to advocate on the student’s behalf:

Request Assignment of a Point of Contact: Under Act 1, students are assigned a Point-of-Conduct designated by the school the student currently attends. This Point of Contact ensures that all students are able to fully participate in school activities and provides additional support for high school students, including assessing credits, considering whether certain credits may be waived, and developing an individualized Graduation Plan.  Use this tool if the student has not been assigned a Point of Contact.

Request Credit Assessment and/or Graduation Plan: High school students receive special support under Act 1. These students must receive a credit assessment, a process through which a school must now award full or partial credit for all work satisfactorily completed in a prior school, including a residential placement. A current school can also waive credit requirements that pose a barrier to graduation for students. In addition, a Point of Contact must develop an individualized graduation plan for students who experience education instability.

If a student is unable to graduate through their current school, a Point of Contact can request a diploma from the prior school. A student may receive a diploma from their prior school if deemed ineligible to graduate from their current school following a credit and waiver assessment and the student meets the prior school’s graduation requirements after the assessment. Beginning in the 2022-2023 school year, students can also receive a state-wide Keystone Diploma. This option is only explored if a student cannot graduate from their current or prior school. A Keystone Diploma has the same force as a school-issued high school diploma and is not the same as a GED.  Use this tool to request a credit assessment, credit waiver, graduation plan, or related request.

Request for Act 1 Graduation Support Retroactive to School Year 2021-2022: Act 1 eligible high school students are entitled to support to ensure that they can graduate on time. If a student was not identified during the 2021-2022 school year or was identified and was not provided with a pathway to on-time graduation, the school that the student last attended can identify a pathway to graduation during the 2022-2023 school year and issue a diploma retroactive to the 2021-2022 school year without requiring the student to complete additional work or attend classes.  

These students can also be graduated from a prior school, if graduating from the school they last attended is not possible. As a last resort, if a student cannot graduate from the school they last attended or a prior school, they are eligible for support to apply for a statewide Keystone diploma. A Keystone diploma has the same force as a school-issued high school diploma and is not a GED. Use this tool if the student was not identified or offered a path to on-time graduation last year.  

Request to Participate in a School-Sponsored Activity or Extracurricular: Under Act 1, students who change schools mid-year must be allowed to participate in school-sponsored activities and extracurriculars if they meet “participation and qualification requirements.” Use this tool if the student is being denied the ability to participate in a school-sponsored activity or extracurricular.

Request to Eliminate Fines or Fees: Students protected by Act 1 cannot be assessed fees or fines to participate in a school-sponsored activity or extracurricular or as a penalty for not having a uniform. Such fees must be waived. Use this tool if the student is subject to a dress code fine or denied the ability to participate in a school-sponsored activity or extracurricular due to a fee. 

Self-Advocacy Tool: Bullying and Harassment Complaint Form Checklist

Students have a right to be free of bullying and harassment. Students have additional protections on the basis of protected class status such as race, gender, status as being a student who is a person with a disability, immigration status, status as a multilingual learner, sexual orientation, or gender identity. Learn more about your child’s rights here.

If your child is facing bullying and harassment, use this checklist to make a complaint to your child’s school in writing to the principal, your child’s main classroom teacher(s), and to your child’s 504 team or IEP team, if applicable. Check the code of conduct or the student handbook for your child’s school to determine to what process you should follow in making a written complaint. If your child’s school does not use a specific form, a sample complaint form can be found here.

Use the Bullying and Harassment Complaint Form Checklist to complete the specific complaint form used by your child’s school, or the sample form if none is specified, in as much detail as possible. If your child is being called names or slurs, list the specific terms being used. Be sure to keep a copy of your complaint for your records and follow up with the school if they do not get back to you within the timeframe listed in the school policy.

Self-Advocacy Tool: Request for Bullying/Harassment Investigation

Check the Code of Conduct or the Student Handbook for your child’s school to determine to what process you should follow in making a written complaint of bullying and harassment. If your child’s school does not use a specific form to report bullying or harassment, use this tool. Be as specific as possible when you describe what is happening to your child at school. If your child is being called names or slurs, list the specific terms being used. Here is a checklist you can use to make sure you are being as specific as possible. Be sure to keep a copy of your complaint for your records and follow up with the school if they do not get back to you within the timeframe listed in your school’s policy.

 

Self-Advocacy Tool: Request for an Independent Educational Evaluation (IEE)

Special education evaluations and reevaluations are conducted to determine what services and supports a student needs in their IEP. Sometimes, a school’s evaluation or revaluation is incomplete, lacks important information (often called data), uses the wrong tests, misidentifies a child’s disability, recommends something the parent disagrees with, or otherwise lacks needed information to ensure that a proposed IEP will meet a student’s needs. If this happens, parents can request an Independent Education Evaluation (IEE) at the school’s expense one time per each school evaluation or reevaluation. This independent evaluation will assess a child in all areas of suspected disability and will be conducted by an appropriately credentialed certified school psychologist who does not work for the school. Sometimes, schools have a list of providers they use for IEEs. The law allows the school to decline to pay for an IEE and challenge a request for an IEE through a dispute resolution process, but in most cases districts and charter schools agree pay for the testing.

This tool allows you to request an IEE for your child. Please be as detailed as possible. Return this tool to the principal and special education director at your child’s school.

Request for Mediation to Resolve Special Education Disagreements

Parents who disagree with special education decisions may also pursue a dispute resolution process called “mediation.” This is a voluntary process, and both the school and parent must agree to participate. Parents may invite other participants to help with the mediation process. If a parent chooses to bring an attorney with them to mediation, the school may also bring an attorney.  If the parent chooses to participate in mediation without an attorney, the school cannot bring an attorney either.  Mediation can address any special education disagreement, such as whether a school is following a child’s IEP or special education laws, whether a child’s current IEP is appropriate and meets a child’s needs in the least restrictive environment, or whether a child is being discriminated on the basis of their recognized disabilities.  

 

The Pennsylvania Department of Education’s Office for Dispute Resolution (ODR) assigns a trained person called a mediator to lead the discussion, usually within seven to ten days after a request is made. The mediator does not work for the school and is trained to help people resolve special education disagreements. Nothing said in mediation can be used in future special education hearings or court cases, but the mediation agreement itself can be used. If an agreement is reached in the mediation, it is written down and signed by both the school and parent. If the school doesn’t follow through on its end of the agreement, additional action can be taken to enforce the agreement in court or through other special education dispute resolution processes.  

 

Online Form: You are able to submit a request for mediation directly to ODR using their online form.  

 

PDF Form: You can also complete a PDF form to make the request. If you use the PDF form, you should attach this Request for Mediation to the Notice of Recommended Education Placement given to you by your child’s school when you return it, in addition to checking the Mediation box on the NOREP. If you were not given a NOREP, send a copy of the complaint letter to the principal and special education director of your child’s school. You must submit the tool to both your child’s school and Pennsylvania’s Office for Dispute Resolution by mail, fax, or email at: 6340 Flank Drive, Suite 600, Harrisburg, PA 17112-2764. ODR’s fax number is 717-657-5983, and the e-mail address is [email protected]. 

 

You can also read more about how to resolve special education disagreements here.

Self-Advocacy Tool: Due Process Complaint Form (Request for Hearing to Resolve Special Education Disputes)

Parents who disagree with special education decisions can pursue a dispute resolution process called a Due Process Hearing. This is an official hearing that families can attend on their own, or with an attorney of their choice, to address special education disagreements such as whether a school is following a child’s IEP or special education laws, whether a child’s current IEP is appropriate and meets a child’s needs in the least restrictive environment, or whether a child is being discriminated on the basis of their recognized disabilities.

NOTE: Other than challenges to an initial evaluation, a request to dispute a proposed change in a child’s IEP or special education placement must be submitted within 10 days or it is deemed waived.

Online Form: You are able to submit an online request directly to the Pennsylvania Department of Education’s Office of Dispute Resolution (ODR) using this form.

PDF Form: You can also make your request by completing this PDF form (download via button below) from the Pennsylvania Department of Education’s Office of Dispute Resolution. If you use the PDF form to request a Due Process Hearing, you should attach this Request for Due Process to the Notice of Recommended Educational Placement (NOREP) given to you by your child’s school when you return it in addition to checking the Due Process Hearing Box on your child’s NOREP. If you were not given a NOREP, send a copy of the Complaint Letter to the Principal and Special Education Director your child’s school. You must submit the tool to both your child’s school and Pennsylvania’s Office for Dispute Resolution by mail, fax, or email at: 6340 Flank Drive, Suite 600, Harrisburg, PA 17112-2764. ODR’s fax number is 717-657-5983, and the e-mail address [email protected].

Affidavit For Students Living With Adults Who Are Not Their Parents (Sworn Statement Under § 13-1302)

Enrolling a child who is not experiencing homelessness or is in foster care: If a child is living with you and you are not with their parent, they have the right to attend school where you live if certain conditions are met. Use this form to determine whether the child living with you is eligible to enroll in the school catchment in which you reside. This form is an affidavit (sworn statement), which means that you are certifying that all information you put on the form is correct. NOTE: You can face legal penalties if you knowingly complete this form using false information to enroll a child into school.

Enrolling a child who is experiencing homelessness or in foster care: If the child is experiencing homelessness or is in foster care, they are eligible for immediate enrollment without submitting any ordinarily required documents or proving residency. If the school is improperly refusing to enroll a child living with you, you can file an enrollment complaint with the Pennsylvania Department of Education here. Learn about enrolling a child into school here, the rights of students experiencing homelessness here, and the rights of students in foster care here.

FERPA Education Record Correction Tools (Eligible Students)

Record errors can prevent students from getting the support to which they are legally entitled, impede access to opportunities, and result in punitive or legal consequences. Because education records may be shared with courts, medical providers, and other important systems, these errors have the potential to negatively impact and shape children’s lives well beyond the classroom.   

ELC-PA has created this tool to help eligible students, which are students who are 18 years or older or are attending a postsecondary institution, proactively identify inaccurate or misleading statements or information that violates their privacy rights and request corrections and amendments to their educational records, as permitted by the Family Educational Rights and Privacy Act (FERPA).   Access the tool by clicking on the yellow ‘Download PDF’ button below. (For a similar tool that can be used by parents, click here.)