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PROCEDURAL SAFEGUARDS NOTICE

a proposal to resolve the complaint; and (b) an opportunity for a parent who has filed a complaint and the agency to agree voluntarily to engage in mediation

4.

Review all relevant information and make an independent determination as to whether the LEA or other public agency is violating a requirement of Part B of the IDEA; and

5.

Issue a written decision to the complainant that address each allegation in the complaint and contains: (a) findings of fact and conclusions; and (b) the reasons for the State Educational Agency’s final decision.

2)

Time extension; final decision; implementation

a)

An extension of the 60 calendar day timeline may be granted only if: (a) exceptional circumstances exist with respect to a particular State complaint; or (b) the parent and the LEA or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation or alternative means of dispute resolution, if available in the State.

b)

The State Educational Agency’s final decision shall contain effective implementation procedures, if needed, including: (a) technical assistance activities; (b) negotiations; and (c) corrective actions to achieve compliance.

3)

Remedies for denial of appropriate services

In resolving a State complaint in which the State Educational Agency has found a failure to provide appropriate services, the State Educational Agency must address:

a)

The failure to provide appropriate services, including corrective action appropriate to address the needs of the child; and

b)

Appropriate future provision of services for all children with disabilities.

4)

State complaints and due process hearings

If a written State complaint is received that is also the subject of a due process hearing as described below under the hearing Filing a Due Process Complaint, or the State complaint contains multiple issues of which one or more are part of such a hearing, the State must set aside the State complaint, or any part of the State complaint that is being address in the due process hearing until the hearing is over. Any issue in the State complaint that is not a part of the due process hearing must be resolved using the time limit and procedures described above. If an issue raised in a State complaint has previously been decided in a due process hearing involving the same parties (you and the LEA), then the due process hearing decision is binding on that issue and the State Educational Agency must inform the complainant that the decision is binding.

A complaint alleging a LEA’s or other public agency’s failure to implement a due process hearing decision must be resolved by the State Educational Agency according to the above described procedures.

10July 2008 Revisions

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