Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-40.0 - Due Process Complaints and State Complaints
Current through Register Vol. 28, No. 3, September 1, 2024
40.1 Due process not applicable, except for Child Find: Except as provided in subsection 40.2 of this section, the procedures in 14 DE Admin. Code 926, Sections 4.0 through 19.0 do not apply to complaints that an LEA has failed to meet the requirements of Sections 32.0 through 39.0 of this Subpart, including the provision of services indicated on the child's services plan.
40.2 Child Find complaints to be filed with the LEA in which the private school is located: The procedures in 14 DE Admin. Code 926, Sections 4.0 through 19.0 apply to complaints that an LEA has failed to meet the Child Find requirements in Section 31.0, including the requirements in 14 DE Admin. Code 925, Sections 1.0 through 12.0.
40.3 State complaints: Any complaint that an LEA has failed to meet the requirements in Sections 32.0 through 35.0 and Sections 37.0 through 44.0 shall be filed in accordance with the procedures described in Sections 51.0 through 53.0.
(Authority: 20 U.S.C. 1412(a)(10)(A);14 Del.C. § 3110))
