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

Construction clause (Sec. 300.513(b))

Comment: Some commenters recommended that the construction clause in Sec. 300.513(b) include that nothing in Sec. Sec. 300.507 through 300.513 shall be construed to affect the right of a parent to file a complaint with the SEA under Sec. Sec. 300.151 through 300.153 for a procedural violation that does not meet the requirements in Sec. 300.513(a)(2).

Discussion: We decline to make the change requested because we think that these matters are already addressed in the regulations. Section 300.507(a) describes the matters on which a party can request a due process hearing. Section 300.151(a) provides that an organization or individual may file a signed written complaint alleging that a public agency has violated a requirement of Part B of the Act, which would include procedural violations that would not meet the standard in Sec. 300.507(a)(1).

Changes: None.