§ 300.140 Due process complaints and State complaints.

Plain English summary

This section establishes which complaint mechanisms apply to disputes involving parentally placed private school children with disabilities. Due process procedures generally do not apply to complaints about LEA obligations under §§ 300.132–300.139, except for child find complaints, which must be filed with the LEA where the private school is located and copied to the SEA. Broader complaints about SEA or LEA failures regarding private school requirements must be filed as State complaints under §§ 300.151–300.153.

Key requirements

• Except as provided in paragraph (b), the procedures in §§ 300.504 through 300.519 do not apply to complaints that an LEA has failed to meet the requirements of §§ 300.132 through 300.139, including the provision of services indicated on the child's services plan.
• The procedures in §§ 300.504 through 300.519 apply to complaints that an LEA has failed to meet the child find requirements in § 300.131, including the requirements in §§ 300.300 through 300.311.
• Any due process complaint regarding the child find requirements must be filed with the LEA in which the private school is located and a copy must be forwarded to the SEA.
• Any complaint that an SEA or LEA has failed to meet the requirements in §§ 300.132 through 300.135 and 300.137 through 300.144 must be filed in accordance with the procedures described in §§ 300.151 through 300.153.
• A complaint filed by a private school official under § 300.136(a) must be filed with the SEA in accordance with the procedures in § 300.136(b).

Affected parties

• Local Educational Agencies (LEAs)
• State Educational Agencies (SEAs)
• Private school officials
• Parentally placed private school children with disabilities
• Parents of private school children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.140