Ill. Admin. Code tit. 23, § 226.570 - State Complaint Procedures
This Section sets forth the State Board of Education's written complaint procedures, as required by 34 CFR 300.151, 300.152, and 300.153 and Section 14-8.02 e of the Code.
a) A parent, individual, or
organization may file a signed, written complaint with the State Board of
Education alleging that a local school district, cooperative service unit, or
the State has violated the rights of one or more children with disabilities.
The complaint shall include:
1) A statement
that a responsible public entity has violated a requirement of Part B of the
IDEA, Title 34 of the Code of Federal Regulations, Article 14 of the Code, or
this Part;
2) The facts on which
the statement is based;
3) The
signature and contact information for the complainant;
4) The names and addresses of the students
involved (and the names of the schools of attendance), if known;
5) A description of the nature of the problem
of the child, including the facts relating to the problem; and
6) A proposed resolution of the problem to
the extent known and available to the party at the time the complaint is
filed.
b) Except as
otherwise provided under Section 14-8.02e(b) of the Code, a complaint shall
only be considered if it alleges that the violation occurred not more than one
year prior to the date on which the complaint is received.
c) Within 60 days after receiving a complaint
that meets the requirements of subsections (a) and (b), the State Board of
Education shall:
1) Carry out an independent
on-site investigation, if deemed necessary by the State Board of
Education.
2) Give the complainant
the opportunity to submit additional information, either orally or in writing,
about the allegations in the complaint.
3) Require that the public entity that is the
subject of the complaint submit a written response to the complaint, including
corrective action compliance documentation. (See Section 14-8.02e of the Code.)
The public entity shall submit its response and all other documentation to the
State Board of Education and the parent, individual, or organization filing the
complaint no later than the date indicated in the written correspondence
received under this subsection (c)(3), which in no case shall exceed 45
days.
4) Provide the public entity
with the opportunity during the complaint process to:
A) offer a proposal to resolve the complaint;
and/or
B) offer to engage the
parent in mediation or alternative means of dispute resolution.
5) Review all relevant information
and make an independent determination as to whether the public entity is
violating a requirement of Part B of the IDEA, 34 CFR, Article 14 of the Code,
or this Part.
6) Issue a written
decision to the complainant that addresses each allegation in the complaint and
contains:
A) findings of fact and conclusions;
and
B) the reasons for the State
Board of Education's final decision.
7) Issue orders for any actions, including
technical assistance activities and negotiation, that are necessary to bring
the public entity into compliance with applicable requirements.
d) An extension of the time limit
set forth in subsection (c) shall be allowed if exceptional circumstances exist
with respect to a particular complaint or if the parent and the public entity
agree to extend the time to conduct the activities pursuant to subsection
(c)(4)(B).
e) If a written
complaint is received by the State Board of Education involving one or more
issues that are also the subject of a due process hearing, the State Board
shall hold those portions of the complaint in abeyance pending the completion
of the hearing. However, any issues that are not the subject of the hearing
shall be resolved as provided in this Section.
f) If a complaint is filed about an issue
that has previously been decided in a due process hearing involving the same
parties, the decision arising from that hearing shall be considered binding,
and the State Board shall inform the complainant to that effect. A complaint
alleging a public entity's failure to implement a decision arising from due
process, shall be resolved by the State Board pursuant to Section
226.675.
Notes
Amended at 31 Ill. Reg. 9915, effective June 28, 2007
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