Iowa Admin. Code r. 281-41.153 - Filing a complaint
(1)
Complainant. An organization or individual may file a signed
written complaint under the procedures described in rules
281-41.151 (256B, 34CFR300) and
281-41.152 (256B, 34CFR300).
(2)
Contents of complaint. The complaint must include the
following:
a. A statement that a public agency
has violated a requirement of Part B of the Act or of this chapter;
b. The facts on which the statement is
based;
c. The signature and contact
information for the complainant; and
d. If alleging violations with respect to a
specific child:
(1) The name and address of
the residence of the child;
(2) The
name of the school the child is attending;
(3) In the case of a homeless child or youth
within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance
Act, 42 U.S.C.
11434a(2), available contact
information for the child, and the name of the school the child is
attending;
(4) A description of the
nature of the problem of the child, including facts relating to the problem;
and
(5) A proposed resolution of
the problem to the extent known and available to the party at the time the
complaint is filed.
(3)
Time limit. The
complaint must allege a violation that occurred not more than one year prior to
the date that the complaint is received in accordance with rule
281-41.151 (256B, 34CFR300
).
(4)
Complainant must
provide copy of complaint to AEA and LEA. The party filing the
complaint must forward a copy of the complaint to the AEA and LEA or public
agency serving the child at the same time the party files the complaint with
the state.
(5)
Failure to
comply with due process hearing decision, mediation agreement, resolution
meeting agreement. A complainant may allege a public agency has failed
to comply with a due process hearing decision, or a mediation agreement, or a
resolution meeting agreement. If the complaint is substantiated, the state will
grant appropriate relief.
Notes
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