Section 340.1724f. Due process complaints; procedures.

f. (1) This rule applies only to due process complaints filed on or after July 1, 2006.

(2)   Due process complaints under this rule shall be administered by the department of education.

(3)   A parent, a public agency, or the department of education may initiate a hearing by filing a written due process complaint with the department of education, office of special education, and providing a copy of the complaint to the public agency or other party or parties that are the subject of the due process complaint. A due process complaint shall be all of the following:

(a)   In writing.

(b)   Signed by the complainant.

(c)   Properly filed when the office of special education and the other party or parties that are the subject of the due process complaint have received a due process complaint that meets the requirements of these rules and 34 CFR §300.508(a) and (b)(1) to (4).

(d)  Delivered to the office of special education in the following manner:

(i)   By mail, by facsimile, or in person.

(ii)    With a statement describing the facts of delivery to the party or parties that are the subject of the due process complaint in the following manner:

(A)  If by mail, to whom the complaint was addressed and the date it was mailed.

(B)  If by facsimile, to whom the complaint was addressed, the date and time it was sent.

(C)   If in person, the date and place the complaint was delivered and to whom it was given.

(4)   Due process timelines begin when the office of special education and the other party that is the subject of the due process complaint have received a due process complaint that meets the requirements of these rules and 34 CFR §300.508.

(5)   A hearing may be initiated on matters related to any 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 to the child or the child's family.

(f)    Assignment of financial obligations for services under 34 CFR part 303 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.

(6)   Upon receipt of a due process complaint that meets the requirements of these rules and 34 CFR §300.508(a) and (b)(1) to (4), the department of education will refer the complaint to the Michigan administrative hearing system which will appoint an administrative law judge to conduct a hearing in accordance with the individuals with disabilities education act, 20 U.S.C. §1401 et seq., 1976 PA 451, MCL 380.1701 et seq. R 340.1883 to R 340.1885 and these rules.

(7)   Any party who is aggrieved by the final decision in a hearing conducted under this rule may appeal to a court of competent jurisdiction within 90 days after the mailing date of the final decision.

(8)    Unless otherwise specified in the administrative law judge's decision, the decision shall be implemented by the public agency within 15 school days of the agency's receipt of the decision.

(9)   When required by an administrative law judge order and decision the public agency shall submit proof of compliance to the department of education, office of special education, documenting that the public agency has implemented the provisions of the final decision.

History: 2006 AACS; 2008 AACS; 2010 AACS; 2013 AACS.