14 Del. Admin. Code § 923-52.0

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

Section 923-52.0 - Time Limit and Extension for State Complaint, Final Decision, and Implementation

52.1 Time limit; minimum procedures: Within 60 days following the DOE's receipt of an adequately detailed complaint under Section 53.0 the DOE shall:

52.1.1 Carry out an independent on site investigation, if the DOE determines that an investigation is necessary;

52.1.2 Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

52.1.3 Provide the public agency with the opportunity to respond to the complaint, including, at a minimum at the discretion of the public agency, a proposal to resolve the complaint; and an opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation consistent with 14 DE Admin. Code 926, Section 6.0;

52.1.4 Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act or these regulations; and

52.1.5 Issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusions; and the reasons for the DOE's final decision.

52.2 Time extension; final decision; implementation: The DOE shall permit an extension of the time limit in subsection 52.1 only if:

52.2.1 Exceptional circumstances exist with respect to a particular complaint; or

52.2.2 The parent, individual, or organization and the public agency involved agree to extend the time to engage in mediation or in other alternative means of dispute resolution; and

52.3 DOE shall provide procedures for effective implementation of the DOE's final decision, if needed, including technical assistance activities; negotiations; and corrective actions to achieve compliance.

52.4 Complaints filed under this section and due process hearings.

52.4.1 If a written complaint is received that is also the subject of a due process hearing in 14 DE Admin. Code 926, Section 7.0 or 926, Sections 30.0 through 32.0, or contains multiple issues of which one or more are part of that hearing, the DOE shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be resolved using the time limit and procedures described in subsections 52.1 and 52.2.

52.4.2 If an issue that was raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties the due process hearing decision is binding on that issue; and the DOE shall inform the complainant to that effect.

52.4.3 A complaint alleging a public agency's failure to implement a due process hearing decision shall be resolved by the DOE.

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

14 Del. Admin. Code § 923-52.0

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