Section R7-2-405.01. Special Education Dispute Resolution; State Administrative Complaints

A.      Notwithstanding any other provision of law, a state adminis- trative complaint filed with the Department  regarding any alleged violations of Part B of the federal Individuals with Dis- abilities Education Act (IDEA) (20 U.S.C. 1400 et seq.) or its implementing regulations (34 CFR 300) shall be investigated in accordance with the Code of Federal Regulations Title 34.

1.        The party filing the complaint shall forward a copy of the state administrative complaint to the public education agency serving the child at the same time the party files the complaint with the Department.

2.        A written decision shall be issued to the complainant and the public education agency that is the subject of the state administrative complaint in accordance with the 60-day time limit specified in the Code of Federal Regulations Title 34.

B.       The Department shall accept and investigate state administra- tive complaints that allege a violation that occurred not more than one year prior to the date that the complaint is received by the Department.

C.      The state administrative complaint shall include all of the fol- lowing:

1.        A statement that a public education agency has violated a requirement of Part B of the IDEA or its implementing regulations.

2.        The facts on which the statement is based.

3.        The signature and contact information for the com- plainant.

4.        If alleging violations with respect to a specific child, all of the following:

a.         The name and address of the child.

b.        The name of the school the child is attending.

c.         In the case of a homeless child or youth (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance Act (20 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending.

d.        A description of the nature of the problem of the child, including facts relating to the problem.

e.         A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

5.        The Department shall develop a model form to assist par- ents and public agencies in filing a state administrative complaint under this Section.

Historical Note

New Section made by exempt rulemaking at 16 A.A.R.

201, effective December 7, 2009 (Supp. 10-1).