Superintendent of Public Instruction shall provide an ongoing and systematic
informal dispute resolution process referred to as the "Early Assistance
A parent, guardian,
adult student, LEA or other public agency as defined in
, or their representative may
request early assistance in any issue related to a student's free appropriate
public education or any violation of Part B of the IDEA,
, et seq., or Montana special education
laws, Title 20, chapter 7, MCA, and corresponding regulations at 34 CFR Part
300 and ARM 10.15.3007
, et seq. Assistance may be requested by contacting the
Office of Public Instruction Legal Division Dispute Resolution
Pursuant to ARM
, immediately following
the filing of a state complaint as referenced in
Early Assistance Program has 15 business days from the day it receives the
written complaint to attempt to resolve the problem through the program.
days shall not be counted as part of the 60-day complaint resolution
The services offered
under this program are available in all circumstances where there is a
possibility for resolution. If the Early Assistance Program director decides
that any attempt to mutually resolve the complaint would be futile, the dispute
resolution office shall proceed according to the procedures and timelines set
Mont. Admin. R.
NEW, 2000 MAR p. 1048,
Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07; AMD, 2010 MAR p. 1076, Eff.
MAR p. 2257, Eff.