Iowa Admin. Code r. 281-41.153

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 281-41.153 - Filing a complaint

(1)Complainant. An organization or individual may file a signed written complaint under the procedures described in rules 281-41.151 (256B, 34CFR300) and 281-41.152(256B, 34CFR300).

(2)Contents of complaint. The complaint must include the following:

a. A statement that a public agency has violated a requirement of Part B of the Act or of this chapter;

b. The facts on which the statement is based;

c. The signature and contact information for the complainant; and

d. If alleging violations with respect to a specific child:

(1) The name and address of the residence of the child;

(2) The name of the school the child is attending;

(3) 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;

(4) A description of the nature of the problem of the child, including facts relating to the problem; and

(5) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

(3)Time limit. 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 rule 281-41.151 (256B, 34CFR300 ).

(4)Complainant must provide copy of complaint to AEA and LEA. The party filing the complaint must forward a copy of the complaint to the AEA and LEA or public agency serving the child at the same time the party files the complaint with the state.

(5)Failure to comply with due process hearing decision, mediation agreement, resolution meeting agreement. A complainant may allege a public agency has failed to comply with a due process hearing decision, or a mediation agreement, or a resolution meeting agreement. If the complaint is substantiated, the state will grant appropriate relief.

Iowa Admin. Code r. 281-41.153

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