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(a) An organization or individual may file with the department, division of teaching and learning support, a written, signed, and dated complaint against a district or public agency alleging that the district or agency has violated a requirement of this chapter, of 20 U.S.C. 1400 - 1487 (Individuals with Disabilities Act), or of a regulation adopted under 20 U.S.C. 1400 - 1487, and
(1) that the alleged violation occurred not more than one year before the date that the complaint is received by the department, unless a longer period is reasonable because the violation is continuing; or
(2) the complainant is requesting compensatory services for a violation that occurred not more than three years before the date that the complaint is received by the department.
(b) A complaint filed under (a) of this section must include the following information:
(1) the name, address, and telephone number of the complainant and, if applicable, of the person filing the complaint on the complainant's behalf;
(2) the name, address, and telephone number of the student involved;
(3) the name of the district or agency the complaint is against;
(4) an explanation of how the district is alleged to have violated state or federal special education statutes or regulations, accompanied by a brief statement of the factual basis for each alleged violation;
(5) the date of each alleged violation or, in the case of an alleged continuing violation, the date that the first violation took place and the history of the continuing violation up to the date of the complaint;
(c) Upon receipt of a written complaint meeting the requirements of (b) of this section, the department will
(1) notify the district or agency of the alleged violation;
(2) evaluate the complaint to determine whether the department can accept the complaint as submitted for processing, and notify the complainant if the complaint cannot be processed for any reason;
(3) assist the complainant to clarify the allegations in the complaint, and give the complainant the opportunity to submit additional information;
(4) work with the complainant and with the district or agency to resolve the issues in a non-adversarial manner, if possible;
(5) undertake an independent investigation that may include
(A) interviews of the parties and their employees;
(B) a review of all relevant documentation as determined by the department;
(C) an on-site investigation;
(6) within 60 days after an accepted complaint under (2) of this subsection is received by the department, issue to the complainant and to the district or agency a written decision that addresses all violations alleged in the complaint and specifies the remediation, monetary reimbursement, or other corrective action appropriate to the needs of the child; the department will extend the 60-day period if it determines that exceptional circumstances exist, and will document the reasons for extending the period;
(7) prepare an investigative report that addresses each allegation in the complaint and includes
(A) a summary of the complaint;
(B) a summary of the investigation;
(C) findings of fact;
(D) conclusions of law, and reasons for the decision; and
(E) any corrective action required;
(8) ensure that the district or agency takes corrective action if it is determined that the district or agency is not in compliance with the decision issued under (b) of this subsection.
(d) If the department receives a written complaint under this section that contains allegations of violations that are also the subject of a pending due process hearing under 4 AAC 52.550, or if a complaint contains multiple alleged violations, of which one or more are the subject of a due process hearing under 4 AAC 52.550, the department will set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of that hearing. An alleged violation in the complaint that is not the subject of a due process hearing will be resolved within the time limit and under the procedures specified in this section. If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties, the department will inform the complainant that that hearing decision is binding. A complaint alleging a district's failure to implement a hearing decision must be brought in court under applicable court rules.
History: Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 12/2/2000, Register 156; am 8/22/2001, Register 159; am 3/31/2002, Register 161
Authority: AS 14.07.060
Editor's note: The address for filing a complaint under 4 AAC 52.500 is Department of Education and Early Development, Division of Teaching and Learning Support, 801 W. 10th Street, Suite 200, Juneau, Alaska 99801.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.
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Last modified 7/05/2006