SEC. 37-23-139. Complaint procedures.
(1) The State Department of Education shall establish the necessary rules and regulations in accordance with IDEA to provide for an organization or individual to file a signed written complaint with respect to a violation of federal or state regulations by a local educational agency relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.
(2) Procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice to the State Department of Education shall include:
(a) The name of the child, the address of the residence of the child, and the name of the school the child is attending;
(b) A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and
(c) A proposed resolution of the problem to the extent known and available to the parents at the time.
(3) The State Department of Education shall develop a model form to assist parents in filing a complaint in accordance with the requirements under IDEA.
(4) All complaints shall remain protected by the confidentiality requirements under IDEA.
SOURCES: Laws, 1999, ch. 582, § 4, SB 2506, eff from and after July 1, 1999.
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