206-7 Wyo. Code R. §§ 7-7 - Dispute Resolution

In compliance with 34 C.F.R. §§ 300.151, 300.506, and 300.508, WDE shall ensure the adoption of dispute resolution policies and/or procedures pursuant to 34 C.F.R. § 300.165.

(a) Mediation. In accordance with the procedures specified in 34 C.F.R. § 300.506 WDE shall offer parties to disputes involving any matter arising under Part B of the IDEA, including disputes arising prior to a due process hearing request, an opportunity to resolve the dispute through mediation.

(b) Wyoming state complaint procedures. In compliance with 34 C.F.R. §§ 300.151 through 300.153, WDE shall resolve any state complaint, including a complaint filed by an organization or individual from another state, that alleges a violation of Wyoming or Federal laws, and meets the requirements of the above referenced complaint provisions.

(i) In resolving a state complaint in which a failure to provide appropriate services has been found, WDE, pursuant to its general supervisory authority under Part B of the IDEA, shall address:

(A) The failure to provide appropriate services, including corrective action appropriate to address the needs of the child; and

(B) The appropriate future provision of services for all children with disabilities.

(c) Due process hearing procedures. A parent or public agency may file a due process complaint on any of the matters relating to the identification, evaluation, educational placement, or provision of FARE to the child consistent with procedures outlined in 34 C.F.R. §§ 300.507 through 300.518 and 300.532.

(d) Child's status during proceedings. Except as provided in 34 C.F.R. § 300.533 (regarding disciplinary removals), during the pendency of any administrative or judicial proceeding regarding a due process hearing, unless the Wyoming school district, or public agency and the parents of the child agree othenwise, the child that is the subject-of the dispute must remain in his or her current educational placement consistent with 34 C.F.R. § 300.518.

Notes

206-7 Wyo. Code R. §§ 7-7