Mich. Admin. Code R. 340.1724f - Due process complaints; procedures
Rule 24f.
(1) A
parent, a public agency, or the department may request a hearing by doing both
of the following:
(a) Filing a written due
process complaint, signed by the complainant, with the department by mail, by
personal delivery, or by electronic submission.
(b) Providing a copy of the complaint to the
public agency or other party or parties that are the subject of the due process
complaint.
(2) A
complainant may request a hearing on matters related to 1 or more of the
following:
(a) Identification.
(b) Evaluation.
(c) Educational placement.
(d) Provision of a free appropriate public
education.
(e) Provision of
appropriate services under 34 CFR Part 303 (2019) to the child or the child's
family.
(f) Assignment of financial
obligations for services under 34 CFR Part 303 (2019) to the parents.
(g) Determination that behavior was not a
manifestation of the student's disability.
(h) Determination of an appropriate interim
alternative educational setting by the individualized education program
team.
(i) Placement in an interim
alternative setting for not more than 45 school days, because maintaining the
current placement is substantially likely to result in injury to the student or
others.
(3) Upon receipt
of a due process complaint, the department shall refer the complaint to the
Michigan office of administrative hearings and rules, which shall appoint an
administrative law judge to conduct a hearing in accordance with the
Individuals with Disabilities Education Act,
20 USC
1400
et seq.; sections 1701
to 1761 of the revised school code, 1976 PA 451, MCL 380.1701 to 380.1761;
R
792.11801 to
R 792.11803; and these
rules.
(4) Any party aggrieved by a
final decision and order issued by an administrative law judge under this rule
may appeal to a court of competent jurisdiction within 90 days after the
mailing date of the final decision and order.
(5) Unless otherwise specified in the
administrative law judge's final decision and order, the public agency shall
implement the final decision and order within 15 school days of the agency's
receipt of the final decision and order.
(6) If the final decision and order of an
administrative law judge requires, the public agency shall submit proof of
compliance with the final decision and order to the department, documenting
that the public agency has implemented the provisions of the final decision and
order.
Notes
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