Iowa Admin. Code r. 281-41.140

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 281-41.140 - Due process complaints and state complaints

(1)When due process complaints available. Pursuant to Iowa Code section 256.12, parents of children with disabilities who are voluntarily placed in accredited nonpublic schools may file a due process complaint as provided in rules 281-41.504 (256B, 34CFR300) to 281-41.519 (256B, 34CFR300), except as provided in subrule 41.140(2).

(2)When due process complaints unavailable. The procedures in rules 281-41.504(256B, 34CFR300) to 281-41.519 (256B, 34CFR300) may not be used to challenge the particular amount of services funded by Part B that a parentally placed private school child with disabilities receives unless the allegation is made that the child was denied FAPE under Iowa Code section 256.12, but a parent of a child with a disability may file a due process complaint alleging the AEA failed to comply with the child find requirements of rule 281-41.131(256,256B, 34CFR300 ). A private school official may not file a due process complaint under this chapter.

(3)State complaints. Any complaint that an SEA or AEA has failed to meet the requirements in rules 281-41.132(256,256B, 34CFR300) to 281-41.135 (256,256B, 34CFR300) and 281-41.137(256,256B, 34CFR300) to 281-41.144 (256,256B, 34CFR300) must be filed in accordance with the procedures described in rules 281-41.151 (256B, 34CFR300) to 281-41.153(256B, 34CFR300). A complaint filed by a private school official under subrule 41.136(1) must be filed with the SEA in accordance with the procedures in subrule 41.136(2).

Iowa Admin. Code r. 281-41.140

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024