Section 340.1852. General responsibilities of public agencies, intermediate school districts, and the department.

(1) All public agencies shall receive allegations of violations of state or federal regulations pertaining to special education. When  an allegation is made orally, the recipient public agency may take formal  or informal action as necessary to resolve the situation in compliance with applicable provisions of law, but, at a minimum, shall immediately do all  of the following:

(a)   Inform the person making the allegation that he or she has a right to file a written state complaint with the department.

(b)   Inform the person making the allegation that the filing of  a  state complaint may be delayed so that mediation or other informal resolution may be attempted.  The right to  file  a  state   complaint  is  retained  if  the informal attempts to resolve the concern in a timely manner are unsuccessful.

(c)   Provide the person making the allegation with a copy of part 8 of these rules and the department's procedures pertaining to state complaints.

(d)  Offer to assist the person in filing a state complaint.

(2)   All public agencies shall have procedures to receive state complaints.

(3)   If requested, the intermediate school district shall assist a person in writing a state complaint.

(4)   When a state complaint is filed, the department shall  provide   the complainant with all of the following:

(a)   A copy of part 8 of these rules.

(b)    A copy of the procedures established    by    the    department      pertaining      to state complaints.

(c)   A copy of the procedural safeguards notice.

(d)  Information regarding mediation.

History: 1979 AC; 1980 AACS; 1987 AACS; 1997 AACS; 2002 AACS; 2009 AACS.