14 Del. Admin. Code § 923-51.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 923-51.0 - State Complaint Procedures

51.1 General: The DOE shall resolve any complaint, including a complaint filed by an organization or individual from another State, that meets the requirements of Section 53.0 by implementing the State complaint procedures under Sections 51.0 through 53.0; and widely disseminate to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities, the State complaint procedures.

51.2 Remedies for denial of appropriate services: In resolving a complaint in which the DOE has found a failure to provide appropriate services, the DOE, pursuant to its general supervisory authority under Part B of the Act, shall address the failure to provide appropriate services, including corrective action appropriate to address the needs of the child (such as compensatory services or monetary reimbursement); and appropriate future provision of services for all children with disabilities.

51.3 Public agency compliance and noncompliance:

51.3.1 A report of the DOE's findings shall be sent to the Chief Administrative Officer of the public agency, the Secretary, and the complaining party.

51.3.2 When the findings of the DOE indicate a public agency's full compliance with Part B of the Act and these regulations, no further action by the DOE shall be taken.

51.3.3 When the findings of the DOE indicate non compliance with Part B of the Act or these regulations, the public agency shall be presented with the DOE's findings and a time frame for corrective action as specified by the DOE. If the public agency completes the specified corrective action within the time frame determined by the DOE, the DOE may nonetheless continue to monitor the public agency and request additional action to ensure full compliance with these regulations.

(Authority: 20 U.S.C. 1221e-3; 14 Del.C. § 3110)

14 Del. Admin. Code § 923-51.0

26 DE Reg. 843 (4/1/2023) (final)