Section 340.1853. Investigation, report, and final decision of a state complaint.

(1) The department and the intermediate school district shall investigate state complaints pursuant to part 8 of these rules, procedures established by the department pertaining to state complaints, and the federal regulations implementing the individuals with disabilities education act.The department may independently initiate and investigate a state complaint.

(2)   The intermediate school district shall appoint a staff member, or contract with an independent agent, to conduct  the  investigation  with  the department.  The intermediate

school district  investigator   shall  not  have administrative authority over programs or services against which a state complaint is filed.

(3)   The public agency shall cooperate with the department and  the intermediate school district during the  conduct   of  the  investigation,   including  submitting documents requested by the intermediate school district or the department.

(4)   The department, during the pendency of the state complaint, shall require any public agency against which the complaint was lodged to maintain the educational status, program placement, and services of an involved student as it was before the complaint if, in the judgment of the department, not doing so constitutes a violation of the student's due process protections.

(5)   The department shall issue a final  written   decision  within  60 calendar days after a complaint is filed.

(6)   The department may grant an  extension  of  time  if   exceptional circumstances exist with respect to a particular state complaint. A denial of an extension request is final.

(7)     The department shall mail the final  written   report  to  the complainant, any public agency  subject  to the state complaint, and the intermediate school district.

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