Current through September 30, 2024
Section 300.153 - Filing a complaint(a) An organization or individual may file a signed written complaint under the procedures described in §§ 300.151 through 300.152 .(b) The complaint must include- (1) A statement that a public agency has violated a requirement of Part B of the Act or of this part;(2) The facts on which the statement is based;(3) The signature and contact information for the complainant; and(4) If alleging violations with respect to a specific child-(i) The name and address of the residence of the child;(ii) The name of the school the child is attending;(iii) In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2) ), available contact information for the child, and the name of the school the child is attending;(iv) A description of the nature of the problem of the child, including facts relating to the problem; and(v) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.(c) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with § 300.151 .(d) The party filing the complaint must forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the SEA. Authority: 20 U.S.C. 1221e-3
Approved by the Office of Management and Budget under control numbers 1820-0030 and 1820-0600