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PROCEDURAL SAFEGUARDS NOTICE

III.  STATE COMPLAINT PROCEDURES (34 CFR §§300.151-153)

A.

DIFFERENCE BETWEEN DUE PROCESS HEARING COMPLAINT AND STATE COMPLAINT PROCEDURES

The regulations for Part B of IDEA set forth separate procedures for State complaints and for due process complaints and hearings. As explained below, any individual or organization may file a State complaint alleging a violation of any Part B requirement by a LEA, the State Educational Agency, or any other public agency. Only you or a LEA may file a due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child. While staff of the State Educational Agency generally must resolve a State complaint within a 60-calendar day timeline, unless the timeline is properly extended, an impartial due process hearing officer must hear a due process complaint (if not resoled through a resolution meeting or through mediation) and issue a written decision within 45-calendar days after the end of the resolution period, as described in this document under the heading Resolution Process, unless the hearing officer grants a specific extension of the timeline at your request or the LEA’s request. The state complaint or due process complaint, resolution and hearing procedures are described more fully below.

B.

HOW CAN I FILE A STATE COMPLAINT? (34 CFR §300.153)

An organization or individual may file a signed written State complaint.

The State complaint must include:

1.

A statement that a LEA or other public agency has violated a requirement of Part B of the IDEA or its regulations;

2.

The facts on which the statement is based;

3.

The signature and contact information for the complainant; and

4.

If alleging violations regarding a specific child, the name of the child and address of the residence of the child;

5.

The name of the school the child is attending;

6.

In the case of a homeless child or youth, available contact information for the child, and the name of the school the child is attending;

7.

A description of the nature of the problem of the child, including facts relating to the problem; and

8.

A proposed resolution of the problem to the extent known and available to the party filing the complaint 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 as described under the heading Adoption of State Complaint Procedures.

The party filing the State complaint must forward a copy of the complaint to the LEA or other public agency serving the child at the same time the party files the complaint with the State Educational Agency.

Complaints should be sent to:

Chief, Division of Compliance, Monitoring and Planning

Bureau of Special Education

Pennsylvania Department of Education

333 Market Street, 7th Floor

Harrisburg, PA 17126-0333

a.

Procedures

1)

Time limit of 60 calendar days after a complaint is filed to:

1.

Carry out an independent on-site investigation, if the State Educational Agency determines that the investigation is necessary;

2.

Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

3.

Provide the LEA or other public agency with the opportunity to respond to the complaint, including, at a minimum: (a) at the option of the agency,

9July 2008 Revisions

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