§ 300.152 Minimum State complaint procedures.

Plain English summary

This section requires each SEA to establish complaint procedures with a 60-day time limit for investigating, reviewing, and issuing a written decision on complaints filed against public agencies for alleged IDEA Part B violations. The SEA must provide opportunities for additional submissions, agency responses, and voluntary mediation, and must include procedures for implementing its final decision through technical assistance, negotiations, or corrective actions. The section also addresses the interaction between State complaints and due process hearings, including rules on issue preclusion and binding hearing decisions.

Key requirements

• Each SEA must include in its complaint procedures a time limit of 60 days after a complaint is filed under § 300.153.
• Carry out an independent on-site investigation, if the SEA determines that an investigation is necessary.
• Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint.
• Provide the public agency with the opportunity to respond to the complaint, including, at a minimum, at the discretion of the public agency, a proposal to resolve the complaint, and an opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation consistent with § 300.506.
• Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or of this part.
• 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.
• 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, if mediation or other alternative means of dispute resolution is available) and the public agency agree to extend the time to engage in mediation or other alternative means of dispute resolution.
• Include procedures for 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 also the subject of a due process hearing under § 300.507 or §§ 300.530 through 300.532, 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 a part of the due process action must be resolved using the time limit and procedures described in paragraphs (a) and (b) of this section.
• 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 a public agency's failure to implement a due process hearing decision must be resolved by the SEA.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs) and other public agencies
• Parents
• Complainants (individuals and organizations where applicable)

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.152