Due process procedures.
Each system must include written procedures including procedures for mediation as described in § 303.419, for the timely administrative resolution of individual child complaints by parents concerning any of the matters in § 303.403(a). A State may meet this requirement by—
Adopting the mediation and due process procedures in 34 CFR 300.506 through 300.512 and developing procedures that meet the requirements of § 303.425; or
Developing procedures that—
Meet the requirements in § 303.419 and §§ 303.421 through 303.425; and
Provide parents a means of filing a complaint.
(Approved by the Office of Management and Budget under control number 1820-0550)
20 U.S.C. 1439(a)(1)
through 303.425 are concerned with the adoption of impartial procedures for resolving individual child complaints (i.e., complaints that generally affect only a single child or the child's family). These procedures require the appointment of a decision-maker who is impartial, as defined in § 303.421(b)
, to resolve a dispute concerning any of the matters in § 303.403(a)
. The decision of the impartial decision-maker is binding unless it is reversed on appeal.
A different type of administrative procedure is included in §§ 303.510
through 303.512 of subpart F of this part. Under those procedures, the lead agency is responsible for (1) investigating any complaint that it receives (including individual child complaints and those that are systemic in nature), and (2) resolving the complaint if the agency determines that a violation has occurred.
It is important that the administrative procedures developed by a State be designed to result in speedy resolution of complaints. An infant's or toddler's development is so rapid that undue delay could be potentially harmful.
[58 FR 40959, July 30, 1993, as amended at 63 FR 18296, Apr. 14, 1998]