[Code of Federal Regulations]
[Title 34, Volume 2, Parts 300 to 399]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR300]
[Page 62-65]
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents
Subpart F--State Administration
[...skips sections 600-653...]
State Complaint Procedures
Sec. 300.660 Adoption of State complaint procedures.
Each SEA shall adopt written procedures for:
(a) Resolving any complaint that meets the requirements of
Sec. 300.662 by--
(1) Providing for the filing of a complaint with the SEA; and
(2) At the SEA's discretion, providing for the filing of a complaint
with a public agency and the right to have the SEA review the public
agency's decision on the complaint.
(b) Informing parents and other interested individuals about the
procedures in Secs. 300.660-300.662.
(Authority: 20 U.S.C. 2831(a))
(Approved by the Office of Management and Budget under control number 1820-0599)
[57 FR 44798, Sept. 29, 1992, as amended at 58 FR 13528, Mar. 11, 1993]
Sec. 300.661 Minimum State complaint procedures.
Each SEA shall include the following in its complaint procedures:
(a) A time limit of 60 calendar days after a complaint is filed
under Sec. 300.660(a) to--
(1) Carry out an independent on-site investigation, if the SEA
determines that such an 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) 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; and
(4) Issue a written decision to the complainant that addresses each
allegation in the complaint and contains--
(i) Findings of fact and conclusions; and
(ii) The reasons for the SEA's final decision.
(b) An extension of the time limit under paragraph (a) of this
section only if exceptional circumstances exist with respect to a
particular complaint.
(c) Procedures for effective implementation of the SEA's final
decision, if needed, including technical assistance activities,
negotiations, and corrective actions to achieve compliance.
(d) The right of the complainant or the public agency to request the
Secretary to review the SEA's final decision.
(Authority: 20 U.S.C. 2831(a))
(Approved by the Office of Management and Budget under control number 1820-0599)
[57 FR 44798, Sept. 29, 1992, as amended at 58 FR 13528, Mar. 11, 1993]
Sec. 300.662 Filing a complaint.
An organization or individual may file a signed written complaint
under the procedures described in Secs. 300.600-300.661. The complaint
must include--
(a) A statement that a public agency has violated a requirement of
part B of the Act or of this part; and
(b) The facts on which the statement is based.
(Authority: 20 U.S.C. 2831(a))
(Approved by the Office of Management and Budget under control number 1820-0599)
[57 FR 44798, Sept. 29, 1992, as amended at 58 FR 13528, Mar. 11, 1993]
