NC 1501-10.2 Minimum State Complaint Procedures

Plain English summary

This regulation establishes the minimum state complaint procedures that the SEA (State Education Agency) must follow when a complaint is filed, including a 60-day resolution timeline, investigation requirements, and written decision mandates. It also outlines permissible time extensions and the interaction between state complaints and due process hearings. The SEA retains authority to ensure compliance through technical assistance, negotiation, and corrective action.

Key requirements

• The SEA has a time limit of 60 days after a complaint is filed to carry out its minimum procedures.
• The SEA must carry out an independent on-site investigation, if the SEA determines that an investigation is necessary.
• The SEA must give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint.
• The SEA must provide the LEA with the opportunity to respond to the complaint, including, at a minimum, at the discretion of the LEA, a proposal to resolve the complaint, and an opportunity for a parent who has filed a complaint and the LEA to voluntarily engage in mediation consistent with NC 1504-1.7.
• The SEA must review all relevant information and make an independent determination as to whether the LEA is violating a requirement of Part B of the IDEA or of the NC Regulations.
• The SEA must issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusions, and the reasons for the SEA's final decision.
• The SEA procedures must permit an extension of the time limit only if exceptional circumstances exist with respect to a particular complaint, or the parent (or individual or organization) and the LEA agree to extend the time to engage in mediation or other alternative dispute resolution.
• The SEA procedures must include mechanisms for ensuring effective implementation of the SEA's final decision, if needed, including technical assistance activities, negotiations, and corrective actions to achieve compliance.
• If a written complaint is received that is also the subject of a due process hearing, the State must set aside any part of the complaint being addressed in the due process hearing until the conclusion of the hearing.
• Any issue in the complaint that is not part of the due process action must be resolved using the time limit and procedures described in paragraphs (a) and (b).
• If an issue raised in a complaint has previously been decided in a due process hearing involving the same parties, the due process hearing decision is binding on that issue, and the SEA must inform the complainant to that effect.
• A complaint alleging an LEA's failure to implement a due process hearing decision must be resolved by the SEA.

Affected parties

• State Education Agency (SEA)
• Local Education Agencies (LEAs)
• Parents of students with disabilities
• Individuals or organizations filing complaints
• Students with disabilities (IEP/IDEA rights)

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=38