Iowa Admin. Code r. 281-41.507

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

Rule 281-41.507 - Filing a due process complaint

(1)General.

a. Subject matter of due process complaint. A parent or a public agency may file a due process complaint on any of the matters described in subrule 41.503(1) relating to the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child.

b. The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint, except that the exceptions to the timeline described in subrule 41.511(6) apply to the timeline in this rule.

(2)Information for parents. The public agency must inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or the parent or the agency files a due process complaint under this rule.

(3)Synonymous term. Whenever the term "request for due process hearing" is used in prior department rules and documents, that term shall be construed to mean "due process complaint."

Iowa Admin. Code r. 281-41.507

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