Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-4 › Subject 160-4-7 - SPECIAL EDUCATION › Rule 160-4-7-.12 - Dispute Resolution

Current through Rules and Regulations filed through June 27, 2024
(1)
COMPLAINT PROCESS
. An
				organization or individual, including an organization or individual from
				another state, may file a signed, written complaint regarding allegations of
				substance. The complaint shall include a statement that the LEA has violated
				requirements of the IDEA and the facts on which the statement is based, the
				signature and contact information for the complainant, and, if alleging
				violations with respect to a specific child, the name and address of the
				residence of the child, the name of the school the child is attending, in the
				case of a homeless child or youth, available contact information for the child
				and the name of the school the child is attending, a description of the nature
				of the problem, including facts relating to the problem, and a proposed
				resolution to the problem to the extent known and available to the party at the
				time the complaint is filed. [34 C.F.R. §
										300.151(a);
				34 C.F.R. §
										300.153(a) & (b)]
(a)
The complaint must allege a
				violation that occurred not more than one year prior to the date the complaint
				is received. [34 C.F.R. §
												300.153]
(b) The party filing the complaint must
				forward a copy of the complaint to the LEA at the same time the party files the
				complaint with the GaDOE. [34 C.F.R. §
											300.153(d)]
(c) The complaint shall be reviewed and
				investigated as necessary and appropriate action taken within 60 calendar days
				of its receipt by the GaDOE.
(d) If
				a written complaint is received that is also the subject of an impartial due
				process hearing or contains multiple issues, some of which are a part of an
				impartial due process hearing, the portions of the complaint that are not a
				part of that hearing shall be resolved, following the time limits and
				procedures described in this rule. The portions of the complaint which are also
				the subject of an impartial due process hearing shall be set aside pending the
				conclusion of the hearing. [34 C.F.R. §
											300.152(c)(1)]
(e) If a written complaint is received which
				contains issues previously decided in an impartial due process hearing
				involving the same parties, the hearing decision is binding on that issue, and
				the complainant shall be so informed by the GaDOE. However, a complaint
				alleging a LEA's failure to implement an impartial due process hearing decision
				shall be resolved, following the time limit and procedures described in this
				rule. [34 C.F.R. §
											300.152(c)(2) - (3)]
(f) Through activities of the
				GaDOE and the LEAs, the state complaint procedures will be widely disseminated
				to parents and other interested individuals, including parent training and
				information centers, protection and advocacy agencies, independent living
				centers, and other appropriate entities. [
See
34 C.F.R. §
											300.151(a)(2)]
(g) The complaint procedure is as follows.
1. Complaints from any organization or
				individual shall be signed and addressed in writing to:
Director, Division for Special Education Services
Georgia Department of Education
1870 Twin Towers East
Atlanta, Georgia 30334-5010
2. The party filing the complaint must
				forward a copy of the complaint to the LEA serving the child at the same time
				the party files the complaint with the State. The complaint should be forwarded
				to the Superintendent or the Special Education Director of the LEA.
3. The complaint shall include a statement
				that the State or LEA has violated a requirement of Part B of IDEA and the
				facts on which the statement is based, the signature and contact information
				for the complainant, and, if alleging violations with respect to a specific
				child, the name and address of the residence of the child, the name of the
				school the child is attending, in the case of a homeless child or youth,
				available contact information for the child and the name of the school the
				child is attending, a description of the nature of the problem of the child,
				including facts relating to the problem, and a proposed resolution to the
				problem to the extent known and available to the party at the time the
				complaint is filed. [34
				C.F.R. §
												300.153(b)]
4. The Divisions for Special
				Education Services and Supports shall address the issue with the LEA in writing
				and request a response within 10 business days from the public agency directly
				involved.
(i) The LEA involved shall respond
				directly in writing and shall describe any explanation and/or actions relevant
				to the allegations.
(ii) Copies of
				all correspondence shall besent to the parties involved that include the
				complainant, the GaDOE and the LEA. In some cases, where the parent of the
				child is not the complainant, the parent shall also receive copies of all
				correspondence and the complainant may only receive copies of information that
				include personally identifiable information if the parent has provided consent
				to release such information.
5. The parent who files the complaint and the
				LEA shall have the opportunity to voluntarily engage in mediation to resolve
				the issues within the complaint. [34 C.F.R. §
												300.152(a)(3)(ii)]
6. Upon receipt of the first State
				complaint from a parent in a school year, the LEA involved shall provide the
				parent with a copy of procedural safeguards available to the parents of a child
				with a disability. [34
				C.F.R. §
												300.504(a)(2)]
7. The Divisions For Special
				Education Supports And Services shall review the LEA's response and a decision
				may then be made that no further action is required. If, however, the issue is
				not fully resolved, complaint investigators from the Divisions For Special
				Education Supports And Services shall be assigned to carry out an independent
				investigation, including an on-site visit, if necessary, to clarify the issue.
				[34 C.F.R. §
												300.152(a)(1)]
8. The on-site complaint team shall gather
				information to determine whether there has been a violation of state rules
				and/or Part B of the IDEA. The on-site review may include examination of
				records, interviews and classroom visits.
9. The Divisions For Special Education
				Supports And Services shall give the complainant the opportunity to submit
				additional information, either orally or in writing, regarding the allegations
				in the complaint. [34 C.F.R.
				§
												300.152(a)(2)]
10. The Divisions For Special Education
				Supports And Services shall review all relevant information and make an
				independent determination as to whether the LEA is violating a requirement of
				Part B of the IDEA. [34
				C.F.R. §
												300.152(a)(4)]
11. The Divisions For Special
				Education Supports And Services shall issue a written decision to the LEA and
				the complainant that addresses each allegation in the complaint and includes
				findings of fact and conclusions and the reasons for the final decision.
				[34 C.F.R. §
												300.152(a)(5)]
(i) The Divisions For Special Education
				Supports And Services shall include in the decision the steps necessary to
				resolve the complaint, including technical assistance activities, negotiations,
				and corrective actions to achieve compliance. [34 C.F.R. §
													300.152(b)(2)] This letter
				of notification shall include specific requirements and timelines that shall be
				met in order to continue to receive IDEA federal funds or state special
				education funds.
(ii)
If
				the complaint findings indicate a failure to provide appropriate services, the
				complaint resolution process will address how the LEA is to remediate the
				denial of those services, including, as appropriate, the awarding of monetary
				reimbursement or other corrective action appropriate to the needs of the child
				and to the future provision of services for all students with disabilities.
				[34 C.F.R. §
														300.151(b)]
(iii)
GaDOE must
				not make any final determination that a LEA is not eligible for assistance
				under part B of the Act without first giving the LEA reasonable notice and an
				opportunity for a hearing under
				34 C.F.R. §
														76.401(d). [34 C.F.R. §
														300.155] GaDOE's hearing process can be found
				in Rule 160-5-2-.02
				Withholding of Funds from Local Units of Administration.
12. An extension of the 60
				calendar-day time limit for resolution may be made by the GaDOE only when
				exceptional circumstances exist with respect to a particular complaint or if
				the parent or other complainant and the LEA involved agree to extend the time
				to engage in mediation, or to engage in other alternative means of dispute
				resolution. [34 C.F.R. §
												300.152(b)]
(h) Complaints - Private Schools.
				Complaints that a LEA has failed to meet the requirements regarding children
				who are parentally-placed in private schools must be filed under the complaint
				procedures outlined above. Complaints regarding child find are to be filed with
				the LEA in which the private school is located and a copy forwarded to the
				GaDOE. [34 C.F.R. §
											300.140]