Minnesota Statutes § 125A.092 - STATE COMPLAINT PROCESS

§ Subdivision 1.Filing a state complaint. (a) An organization or individual may file a signed, written complaint with the Department of Education, Office of General Counsel, Dispute Resolution. (b) The complaint must include: (1) a statement that a public agency, lead agency, or early intervention services provider has violated a requirement of Part B or Part C of the federal Individuals with Disabilities Education Act; (2) the facts on which the statement is based; (3) the signature and contact information for the complainant; (4) if alleging violations with respect to a specific child: (i) the name and address of the residence of the child; (ii) the name of the school the child is attending, or the name of the early intervention services provider serving the child; and (iii) in the case of a homeless child or youth within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act, United States Code, title 42, section 11434(a)(2), the available contact information for the child and the name of the school the child is attending; (5) a description of the nature of the problem of the child, 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 must allege a violation that occurred not more than one year prior to the date that the complaint is received. (d) The party filing the complaint must forward a copy of the complaint to the local educational agency, public agency, or early intervention services provider serving the child at the same time the party files the complaint with the Department of Education. § Subd. 2.Remedies. In resolving a complaint in which the Department of Education has found a failure to provide appropriate services, the Department of Education, pursuant to its general supervisory authority under Part B and Part C of the federal Individuals with Disabilities Education Act, must address: (1) the failure to provide appropriate services, including corrective action appropriate to address the needs of the child, compensatory services, or monetary reimbursement; and (2) appropriate future provision of services for all children with disabilities. § Subd. 3.Time limit and procedures. (a) Within 60 days after a complaint is filed, the Department of Education must: (1) carry out an independent on-site investigation if the Department of Education determines that an investigation is necessary; (2) give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint; (3) provide the public agency, lead agency, or early intervention services provider with the opportunity to respond to the complaint, including at a minimum: (i) at the discretion of the Department of Education, a proposal to resolve the complaint; and (ii) an opportunity for a parent who has filed a complaint and the public agency, lead agency, or early intervention services provider to voluntarily engage in mediation consistent with section 125A.091, subdivision 9; (4) review all relevant information and make an independent determination as to whether the public agency, lead agency, or early intervention services provider is violating a requirement of Part B or Part C of the federal Individuals with Disabilities Education Act; and (5) issue a written decision to the complainant that addresses each allegation in the complaint and contains: (i) findings of fact and conclusions; and (ii) the reasons for the Department of Education's final decision. (b) An extension of the time limit is allowed only if: (1) exceptional circumstances exist with respect to a particular complaint; or (2) the parent, individual, or organization and the local educational agency, public agency, or early intervention services provider involved agree to extend the time to engage in mediation pursuant to section 125A.091, subdivision 9, or a facilitated team meeting pursuant to section 125A.091, subdivision 11. § Subd. 4.Complaints and due process hearings. (a) If a written complaint is received that is also the subject of a due process hearing under section 125A.091, subdivision 12, or that contains multiple issues of which one or more are part of that hearing, the Department of Education must set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. Any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in paragraphs (c) and (d). (b) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties: (1) the due process hearing decision is binding on that issue; and (2) the Department of Education must inform the complainant to that effect. (c) If the local educational agency, public agency, or early intervention services provider fails to implement the due process hearing decision, an individual or organization may file a state complaint with the Department of Education alleging the agency or provider's failure to implement the due process hearing decision.