Iowa Admin. Code r. 281-41.140 - Due process complaints and state complaints
(1)
When due process complaints available. Pursuant to Iowa Code
section 256.12, parents of children with
disabilities who are voluntarily placed in accredited nonpublic schools may
file a due process complaint as provided in rules
281-41.504 (256B, 34CFR300) to
281-41.519 (256B, 34CFR300),
except as provided in subrule 41.140(2).
(2)
When due process complaints
unavailable. The procedures in rules 281-41.504 (256B, 34CFR300) to
281-41.519 (256B, 34CFR300) may
not be used to challenge the particular amount of services funded by Part B
that a parentally placed private school child with disabilities receives unless
the allegation is made that the child was denied FAPE under Iowa Code section
256.12, but a parent of a child
with a disability may file a due process complaint alleging the AEA failed to
comply with the child find requirements of rule 281-41.131 (256,256B, 34CFR300
). A private school official may not file a due process complaint under this
chapter.
(3)
State
complaints. Any complaint that an SEA or AEA has failed to meet the
requirements in rules 281-41.132 (256,256B, 34CFR300) to
281-41.135 (256,256B, 34CFR300)
and 281-41.137 (256,256B, 34CFR300) to
281-41.144 (256,256B, 34CFR300)
must be filed in accordance with the procedures described in rules
281-41.151 (256B, 34CFR300 ) to
281-41.153 (256B, 34CFR300). A complaint filed by a private school official
under subrule 41.136(1) must be filed with the SEA in accordance with the
procedures in subrule 41.136(2).
Notes
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