Dated March 17, 2008

Dr. John Copenhaver

Director

Mountain Plains Regional Resource Center Utah State University

1780 North Research Parkway, Suite 112 Logan, Utah 84341

Dear Dr. Copenhaver:

This letter is in response to your November 14, 2007 memorandum to the
Office of Special Education Programs (OSEP), in which you request
clarification regarding the provisions of 34 CFR §§300.153(b)(1)-(4) and
300.508(b)(1)-(6). Specifically, you ask the following: (1) if a parent
files a complaint or due process request by electronic mail (email),
would this meet the \"in writing\" and \"signature\" standards of 34 CFR
§300.153(b)(3); and (2) if the answer to question 1 is yes, when would
the 60-day timeline begin? When the email is registered on the State
educational agency (SEA) computer, or when the email is actually opened
by the SEA?

With regard to your first question, the Individuals with Disabilities
Education Act (IDEA) does not address whether States can accept email
submissions of State complaints or due process complaints and whether
States can therefore accept digital or electronic signatures on such
complaints. While this is a matter of State discretion, the
Department\'s position is that States electing to accept electronic
complaint submissions with digital or electronic signatures \"would need
to take the necessary steps to ensure that there are appropriate
safeguards to protect the integrity of the process.\" See Assistance to
States for the Education of Children with Disabilities and Preschool
Grants for Children with Disabilities, Final Rule, Analysis of Comments
and Changes, 71 Fed. Reg. 46540, 46629 (Aug. 14, 2006).

With regard to your second question, the determinant factor is when a
State considers a complaint to be received. With respect to State
complaints, each SEA must include in its complaint procedures a time
limit of 60 days after the complaint is filed under 34 CFR §300.153 to
initiate and complete the activities listed in 34 CFR §300.152(a)(1)
through (5) (34 CFR §300.152(a)), unless the time limit is extended
because exceptional circumstances exist with respect to a particular
complaint (34 CFR §300.152(b)(1)(i)), or the parties agree to engage in
mediation or other alternative dispute resolution, if available in the
State (34 CFR §300.152(b)(1)(ii)). The Department\'s longstanding
position is that States must ensure that the 60-day timeline for
complaint resolution begins on the date that a complaint is received.
Under 34 CFR §300.151(a)(2), the State must adopt procedures for widely
disseminating to parents and other interested individuals, including
parent training and information centers, protection and advocacy
agencies, independent living centers, and other appropriate entities,
the State procedures under 34 CFR §§300.151 through 300.153. This would
include the criteria the State uses for determining when the State
considers a complaint that an organization or individual files

Page 2 - Dr. John Copenhaver

under 34 CFR §300.153 to be received. While a State has some discretion
in this regard, a State must ensure that its procedures allow for the
timely resolution of complaints and are uniformly applied, consistent
with 34 CFR §300.1.52(a) and (b).

With respect to due process complaints, either a parent or a public
agency may file a due process complaint regarding the identification,
evaluation, or educational placement of a child with a disability, or
the provision of a free appropriate public education to the child. 34
CFR §300.507(a). Under 34 CFR §300.508(a), the public agency must have
procedures that require either party, or the attorney representing the
party, to provide to the other party a due process complaint, which
shall remain confidential. Section 300.508(b)(1)-(6) of the final Part B
regulations, specifies the information that this complaint notice must
contain. Section 300.508(c) of the final Part B regulations specifies
that a party may not have a due process hearing on a due process
complaint until the party or the attorney representing the party files a
due process complaint notice that meets the requirements of 34 CFR
§300.508(b). Under 34 CFR §300.508(d)(1), the receiving party may notify
the hearing officer and the other party in writing, within 15 days of
receipt of the due process complaint notice, that the receiving party
believes that the due process complaint does not meet the requirements
in 34 CFR §300.508(b). Also, under 34 CFR §300.508(d)(2), within five
days of receipt of notification under paragraph (d)(1), the hearing
officer must make a determination regarding the sufficiency of the
complaint. Further, under 34 CFR §300.510(a), the local educational
agency must convene a resolution meeting within 15 days of receipt of
the parent\'s due process complaint, and the parties generally have a
30-day resolution period to resolve the matter before a due process
hearing request can be initiated. Thus, the due process complaint
procedures impose certain obligations on parents and public agencies
filing due process complaints once a proper due process complaint notice
is received. As noted previously with regard to State complaints, States
must establish and implement uniform procedures for determining when due
process complaints are considered received to ensure adherence to
appropriate due process timelines. 34 CFR §300.500.

Based on section 607(e) of the IDEA, we are informing you that our
response is provided as informal guidance and is not legally binding,
but represents an interpretation by the U.S. Department of Education of
the IDEA in the context of the specific facts presented.

We hope this response provides you with the information you need. If you
have any further questions, please do not hesitate to contact Dr.
Deborah Morrow at 202-245-7456.

Sincerely,

/s/

William W. Knudsen

Acting Director

Office of Special Education Programs