La. Admin. Code tit. 28 § XLIII-152

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-152 - Formal Written Complaints Filing and Content Requirements

A. An organization or individual, including those from another state, may file a signed written complaint under the procedures described in §151

B. The complaint shall include:

1. a statement that a public agency has violated a requirement of Part B of the IDEA or these regulations, regardless of whether the violation resulted in a loss of FAPE;

2. the facts on which the statement is based;

3. the signature and contact information for the complainant; and

4. if alleging violations with respect to a specific student:

a. the name and address of the residence of the student;

b. the name of the school the student is attending;

c. 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. 11434 a(2)), available contact information for the student, and the name of the school the student is attending;

5. a description of the nature of the problem of the student, including facts relating to the problem; and

6. a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

C. The complaint shall allege a violation that occurred not more than two years prior to the date that the complaint is received in accordance with §151 - 153.

D. The party filing the complaint shall forward a copy of the complaint to the LEA or public agency serving the student, at the same time the party files the complaint with the LDE.

La. Admin. Code tit. 28, § XLIII-152

Promulgated by the Board of Elementary and Secondary Education, LR 34:2046 (October 2008), repromulgated LR 36:1500 (July 2010), Amended LR 501151 (8/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.