§ 300.153 Filing a complaint.

Plain English summary

This section establishes the formal requirements for filing a state complaint under IDEA Part B, including what information must be included, a one-year statute of limitations on alleged violations, and a simultaneous notice requirement to the LEA or public agency. Any organization or individual may file, and complaints involving a specific child must include detailed identifying and descriptive information about that child.

Key requirements

• An organization or individual may file a signed written complaint under the procedures described in §§ 300.151 through 300.152.
• The complaint must include a statement that a public agency has violated a requirement of Part B of the Act or of this part.
• The complaint must include the facts on which the statement is based.
• The complaint must include the signature and contact information for the complainant.
• If alleging violations with respect to a specific child, the complaint must include the name and address of the residence of the child.
• If alleging violations with respect to a specific child, the complaint must include the name of the school the child is attending.
• In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))), available contact information for the child and the name of the school the child is attending must be included.
• If alleging violations with respect to a specific child, the complaint must include a description of the nature of the problem of the child, including facts relating to the problem.
• If alleging violations with respect to a specific child, the complaint must include a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
• The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with § 300.151.
• The party filing the complaint must forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the SEA.

Affected parties

• complainants (organizations or individuals)
• parents
• students with disabilities
• local educational agencies (LEAs)
• public agencies
• state educational agencies (SEAs)
• homeless children and youth

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.153