Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 52 - Education for Children with Disabilities and Gifted Children › Article 2 - Program Administration: Children with Disabilities › 4 AAC 52.500 - Administrative complaint procedure

Current through May 31, 2024
(a) An organization
				or parent or other individual may file with the department an administrative
				complaint alleging that a district or other public agency has violated a
				requirement of
				AS
				14.30.180-14.30.350, this chapter,
				20 U.S.C.
				1400 -
				1482 (Individuals with
				Disabilities Education Act), or a regulation adopted under
				20 U.S.C.
				1400 -
				1482. However, only a parent may
				file a complaint alleging that a district has failed to implement a due process
				hearing decision issued under
				AS
				14.30.193. The violation alleged in the
				administrative complaint must have occurred not more than one year before the
				date that the administrative complaint is received by the department. An
				administrative complaint may allege a systemic violation, a violation of the
				rights of a specific child, or both. A separate administrative complaint must
				be filed for each specific child whose specific rights are at issue. The
				department may consolidate two or more related administrative complaints for
				purposes of investigation, but will issue separate decisions if necessary to
				preserve confidentiality.
(b) An
				administrative complaint filed under (a) of this section must be in writing,
				signed by the complainant, and dated. It must be sent to the department,
				division of teaching and learning support, and, at the same time, to the
				respondent and the district that provides services to the child who is the
				subject of the administrative complaint. It must include the following
				information:
(1) the name, address, and
				telephone number of the complainant, and, if applicable, of the person filing
				the administrative complaint on the complainant's behalf;
(2) a statement alleging that a district or
				other public agency has violated a requirement of one or more of the laws
				listed in (a) of this section;
(3)
				a statement of the facts that form the basis for the alleged violation of
				law;
(4) the name of the district
				or other public agency listed in the statement made under (2) of this
				subsection. The department will consider the district or other public agency
				named as the respondent to the complaint;
(5) the date of each alleged violation or, in
				the case of an alleged continuing or systemic violation, the date that the
				first alleged violation took place and the history of the alleged violation up
				to the date of the complaint;
(6)
				if the complaint concerns an alleged violation of the rights of a specific
				child,
(A) the name, residence address, and
				telephone number of the child or, in the case of a homeless child or youth
				within the meaning of 42
				U.S.C. 11434 a(2) (McKinney-Vento Homeless
				Assistance Act), available contact information for the child;
(B) the name of the school that the child is
				attending;
(C) a description of the
				nature of the problem of the child, including facts relating to the problem;
				and
(D) a proposed resolution of
				the problem to the extent known and available to the complainant at the time
				the complaint is filed.