Issue a written decision to the formal State complaint that is not a part complainant that addresses each of the due process hearing will be allegation in the formal State resolved using the time limit and complaint and contains: (a) procedures described above. findings of fact and conclusions; If an issue raised in a formal State and (b) the reasons for MDE’s complaint has previously been decided final decision. in a due process hearing involving the Time extension, final decision, and same parties (for example, you and the school district), then the due process implementation The procedures described above hearing decision is binding on that issue MDE’s also: and the MDE will inform the Permit an extension of the sixty complainant that the decision is binding. (60) calendar-day time limit only A formal State complaint alleging a if: school or other public district’s agency’s (a) exceptional circumstances failure to implement a due process exist with respect to a particular hearing decision will be resolved by the formal State complaint; or (b) MDE. the parent and the school district or other public agency involved Filing a Formal State Complaint voluntarily agree to extend the §300.153 time to resolve the matter through mediation or alternative An organization or individual may file a means of dispute resolution; formal State complaint under the Include procedures for effective procedures described above. implementation of the MDE’s final decision, if needed, The formal State complaint must including: (a) technical include: assistance activities; A statement that a school district (b) negotiations; and (c) or other public agency has corrective actions to achieve violated a requirement of Part B compliance. of IDEA or its implementing regulations in 34 CFR Part 300; Formal State complaints and due The facts on which the statement process hearings is based; If a formal State complaint is received The signature and contact that is also the subject of a due process information for the party filing hearing as described below under the the complaint; and heading Filing a Due Process If alleging violations regarding a or the formal State Complaint, specific child: complaint contains multiple issues of The name of the child and which one or more are part of such a address of the residence of hearing, MDE will set aside any part of the child; the formal State complaint that is being The name of the school the addressed in the due process hearing child is attending; until the hearing is over. Any issue in the
Issue a written decision to the complainant that addresses each allegation in the formal State complaint and contains: (a) findings of fact and conclusions; and (b) the reasons for MDE’s final decision. Time extension, final decision, and implementation The MDE’s procedures described above also: Permit an extension of the sixty (60) calendar-day time limit only if: (a) exceptional circumstances exist with respect to a particular formal State complaint; or (b) the parent and the school district or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation or alternative means of dispute resolution; Include procedures for effective implementation of the MDE’s final decision, if needed, including: (a) technical assistance activities; (b) negotiations; and (c) corrective actions to achieve compliance. Formal State complaints and due process hearings If a formal State complaint is received that is also the subject of a due process hearing as described below under the heading Filing a Due Process Complaint, or the formal State complaint contains multiple issues of which one or more are part of such a hearing, MDE will set aside any part of the formal State complaint that is being addressed in the due process hearing until the hearing is over. Any issue in the formal State complaint that is not a part of the due process hearing will be resolved using the time limit and procedures described above. If an issue raised in a formal State complaint has previously been decided in a due process hearing involving the same parties (for example, you and the school district), then the due process hearing decision is binding on that issue and the MDE will inform the complainant that the decision is binding. A formal State complaint alleging a school district’s or other public agency’s failure to implement a due process hearing decision will be resolved by the MDE. Filing a Formal State Complaint §300.153 An organization or individual may file a formal State complaint under the procedures described above. The formal State complaint must include: A statement that a school district or other public agency has violated a requirement of Part B of IDEA or its implementing regulations in 34 CFR Part 300; The facts on which the statement is based; The signature and contact information for the party filing the complaint; and If alleging violations regarding a specific child: The name of the child and address of the residence of the child; The name of the school the child is attending;
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