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U.S. Department of Education: Promoting Educational Excellence for all Americans

State Complaint Procedures

Section 300.152(a)(3)(ii) (proposed paragraph (a)(3)(B)) has been revised to clarify that each SEA's complaint procedures must provide the public agency with an opportunity to respond to a complaint filed under Sec. 300.153, including, at a minimum, an opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation consistent with Sec. 300.506.

Section 300.152(b)(1)(ii), regarding time extensions for filing a State complaint, has been revised to clarify that it would be permissible to extend the 60-day timeline if the parent (or individual or organization if mediation or other alternative means of dispute resolution is available to the individual or organization under State procedures) and the public agency agree to engage in mediation or to engage in other alternative means of dispute resolution, if available in the State.

Section 300.152(c), regarding complaints filed under Sec. 300.152 and due process hearings under Sec. 300.507 and Sec. Sec. 300.530 through 300.532, has been revised to clarify that if a written complaint is received that is also the subject of a due process hearing under Sec. Sec. 300.507 or 300.530 through 300.532, or contains multiple issues of which one or more are part of a due process hearing, the State must set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not part of the due process hearing must be resolved using the time limit and procedures described elsewhere in the State complaint procedures. A new paragraph (c)(3) also has been added to require SEAs to resolve complaints alleging a public agency's failure to implement a due process hearing. This is the same requirement in current Sec. 300.661(c)(3).

Section 300.153(c), regarding the one year time limit from the date the alleged violation occurred and the date the complaint is received in accordance with Sec. 300.151, has been revised by removing the exception clause related to complaints covered under Sec. 300.507(a)(2).