49-10-604. Investigation of complaints Administrative complaint process.
The department of education shall promptly investigate complaints filed regarding services to disabled students and shall enforce the Individuals with Disabilities Education Act, compiled in 20 U.S.C. § 1400 et seq., and state special education laws. The department shall carry out its obligation to enforce the laws through the administrative complaint process in the following manner:
(1) The department shall make available a complaint form on the departmental web site. In addition, the department shall supply any individual with a written copy of the complaint form via the United States mail when so requested. The department shall facilitate the submission of complaint forms via the Internet. If a complaint is filed via the Internet, the complaint shall be deemed signed so long as the name of the filer is indicated in the complaint. Anonymous complaints shall not be accepted for investigative purposes;
(2) If the complaint alleges that a school system has committed a procedural violation of the applicable laws, the department shall determine whether the allegation has basis in fact. If determined to have a basis in fact, the department shall issue, within ten (10) regular school business days of the finding, a written finding to the school system and the person making the complaint confirming the violation. The response shall state whether or not the department has determined that the procedural violation has resulted in a substantive denial of a free, appropriate public education;
(3) If the complaint alleges that a school system has committed a substantive violation that amounts to a denial of a free, appropriate public education, the department shall, within ten (10) regular school business days of the finding, issue a written finding to the school district and the person making the complaint confirming the violation and shall require the school system to take corrective action, including compensatory education where appropriate;
(4) The department shall require a school system that has committed a procedural violation of applicable law to correct the violation within ten (10) regular school business days;
(5) The department shall require a school system that has committed a violation that is determined to constitute a violation of a free, appropriate public education to correct the violation within ten (10) regular school business days. If the school system is unable to correct the violation within ten (10) regular school business days of notification, despite its diligent efforts, it shall be granted an extension of time for a reasonable period, not to exceed an additional ten (10) regular school business days to correct the violation;
(6) Any school system receiving notice from the department that measures are required to correct procedural or substantive violations of applicable law shall provide written notice of the corrective measures to the department and to the person making the complaint. The department shall determine whether the measures taken by the school system have resulted in compliance with the law and the regulations. The department shall provide written notice to the school system of its determination within ten (10) regular school business days; and
(7) Within thirty (30) business days after closing the investigation, the department shall publish all confirmed violations and determinations of findings of violations of statutes or regulations on its official state web site. The publication shall include the name of the school system, a description of the violation, a citation of the law or regulation determined to have been violated, the corrective measures proposed by the school system, and the final determination of the department. The department shall publish confirmed violations and determinations in a manner that protects the identity of the student.
49-10-604. Investigation of complaints Administrative complaint process.
The department of education shall promptly investigate complaints filed regarding services to disabled students and shall enforce the Individuals with Disabilities Education Act, compiled in 20 U.S.C. § 1400 et seq., and state special education laws. The department shall carry out its obligation to enforce the laws through the administrative complaint process in the following manner:
(1) The department shall make available a complaint form on the departmental web site. In addition, the department shall supply any individual with a written copy of the complaint form via the United States mail when so requested. The department shall facilitate the submission of complaint forms via the Internet. If a complaint is filed via the Internet, the complaint shall be deemed signed so long as the name of the filer is indicated in the complaint. Anonymous complaints shall not be accepted for investigative purposes;
(2) If the complaint alleges that a school system has committed a procedural violation of the applicable laws, the department shall determine whether the allegation has basis in fact. If determined to have a basis in fact, the department shall issue, within ten (10) regular school business days of the finding, a written finding to the school system and the person making the complaint confirming the violation. The response shall state whether or not the department has determined that the procedural violation has resulted in a substantive denial of a free, appropriate public education;
(3) If the complaint alleges that a school system has committed a substantive violation that amounts to a denial of a free, appropriate public education, the department shall, within ten (10) regular school business days of the finding, issue a written finding to the school district and the person making the complaint confirming the violation and shall require the school system to take corrective action, including compensatory education where appropriate;
(4) The department shall require a school system that has committed a procedural violation of applicable law to correct the violation within ten (10) regular school business days;
(5) The department shall require a school system that has committed a violation that is determined to constitute a violation of a free, appropriate public education to correct the violation within ten (10) regular school business days. If the school system is unable to correct the violation within ten (10) regular school business days of notification, despite its diligent efforts, it shall be granted an extension of time for a reasonable period, not to exceed an additional ten (10) regular school business days to correct the violation;
(6) Any school system receiving notice from the department that measures are required to correct procedural or substantive violations of applicable law shall provide written notice of the corrective measures to the department and to the person making the complaint. The department shall determine whether the measures taken by the school system have resulted in compliance with the law and the regulations. The department shall provide written notice to the school system of its determination within ten (10) regular school business days; and
(7) Within thirty (30) business days after closing the investigation, the department shall publish all confirmed violations and determinations of findings of violations of statutes or regulations on its official state web site. The publication shall include the name of the school system, a description of the violation, a citation of the law or regulation determined to have been violated, the corrective measures proposed by the school system, and the final determination of the department. The department shall publish confirmed violations and determinations in a manner that protects the identity of the student.
49-10-604. Investigation of complaints Administrative complaint process.
The department of education shall promptly investigate complaints filed regarding services to disabled students and shall enforce the Individuals with Disabilities Education Act, compiled in 20 U.S.C. § 1400 et seq., and state special education laws. The department shall carry out its obligation to enforce the laws through the administrative complaint process in the following manner:
(1) The department shall make available a complaint form on the departmental web site. In addition, the department shall supply any individual with a written copy of the complaint form via the United States mail when so requested. The department shall facilitate the submission of complaint forms via the Internet. If a complaint is filed via the Internet, the complaint shall be deemed signed so long as the name of the filer is indicated in the complaint. Anonymous complaints shall not be accepted for investigative purposes;
(2) If the complaint alleges that a school system has committed a procedural violation of the applicable laws, the department shall determine whether the allegation has basis in fact. If determined to have a basis in fact, the department shall issue, within ten (10) regular school business days of the finding, a written finding to the school system and the person making the complaint confirming the violation. The response shall state whether or not the department has determined that the procedural violation has resulted in a substantive denial of a free, appropriate public education;
(3) If the complaint alleges that a school system has committed a substantive violation that amounts to a denial of a free, appropriate public education, the department shall, within ten (10) regular school business days of the finding, issue a written finding to the school district and the person making the complaint confirming the violation and shall require the school system to take corrective action, including compensatory education where appropriate;
(4) The department shall require a school system that has committed a procedural violation of applicable law to correct the violation within ten (10) regular school business days;
(5) The department shall require a school system that has committed a violation that is determined to constitute a violation of a free, appropriate public education to correct the violation within ten (10) regular school business days. If the school system is unable to correct the violation within ten (10) regular school business days of notification, despite its diligent efforts, it shall be granted an extension of time for a reasonable period, not to exceed an additional ten (10) regular school business days to correct the violation;
(6) Any school system receiving notice from the department that measures are required to correct procedural or substantive violations of applicable law shall provide written notice of the corrective measures to the department and to the person making the complaint. The department shall determine whether the measures taken by the school system have resulted in compliance with the law and the regulations. The department shall provide written notice to the school system of its determination within ten (10) regular school business days; and
(7) Within thirty (30) business days after closing the investigation, the department shall publish all confirmed violations and determinations of findings of violations of statutes or regulations on its official state web site. The publication shall include the name of the school system, a description of the violation, a citation of the law or regulation determined to have been violated, the corrective measures proposed by the school system, and the final determination of the department. The department shall publish confirmed violations and determinations in a manner that protects the identity of the student.
