Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-53.0 - Filing a Complaint

Universal Citation: 14 DE Admin Code 923-53.0

Current through Register Vol. 28, No. 3, September 1, 2024

53.1 An organization or individual may file a signed written complaint under the procedures described in Sections 51.0 through 52.0.

53.2 The complaint shall include:

53.2.1 A statement that a public agency has violated a requirement of Part B of the Act or of these regulations;

53.2.2 The facts on which the statement is based, including the time frame in which the incident or incidents occurred;

53.2.3 The signature and contact information for the complainant, and legal representative, if any, or of individuals representing a public agency or private organization filing a complaint; and if alleging violations with respect to a specific child:
53.2.3.1 The name and address of the residence of the child;

53.2.3.2 The name of the school the child is attending;

53.2.3.3 In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;

53.2.3.4 A description of the nature of the problem of the child, including facts relating to the problem;

53.2.3.5 A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed; and

53.2.3.6 A description of the attempts made to resolve the issue(s) prior to filing the complaint, if any.

53.2.4 The complaint shall allege a violation that occurred not more than 1 year prior to the date that the complaint is received in accordance with Section 51.0.

53.2.5 The party filing the complaint shall forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the DOE.

(Authority: 20 U.S.C. 1221e-3; 14 Del.C. § 3110)

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