7 Miss. Code. R. 34-B-300.140

Current through October 10, 2024
Section 7-34-B-300.140 - Due process complaints and State complaints
(a)Due process not applicable, except for Child Find.
(1) Except as provided in paragraph (b) below, the procedural safeguard provisions do not apply to complaints that an LEA has failed to meet the requirements of §§300.132 through 300.139(Providing FAPE to Children in Private Schools), including the provision of services indicated on the child's services plan.
(b)Child Find complaints to be filed with the LEA in which the private school is located.
(1) The procedures in §§300.504 through 300.519 apply to complaints that an LEA has failed to meet the Child Find requirements in §300.131, including the requirements in §§300.300 through 300.311.
(2) Any due process complaint regarding the Child Find requirements (as described in paragraph (b)(1) (above) must be filed with the LEA in which the private school is located and a copy must be forwarded to the MDE.
(c)State complaints.
(1) Any complaint that the MDE or an LEA has failed to meet the requirements in §§300.132 through 300.135 and 300.137 through 300.144 must be filed in accordance with the procedures described in §§300.151 through 300.153(State Complaint Procedures).
(2) A complaint filed by a private school official stating that the LEA did not engage in consultation that was meaningful and timely; or did not give due consideration to the view of the private school official must be filed with the MDE in accordance with the procedures in §300.136(b).

7 Miss. Code. R. 34-B-300.140