Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 45 - Complaints, Mediation, and Due Process Procedures
Section 45-1 - Complaints
Current through September 27, 2023
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
(a) Any individual, group of individuals, agency, or organization may file a complaint alleging violations of federal or state laws that apply to special education programs. The complaint must:
(b) If the complaint alleges violations with respect to a specific student, the complaint must also include the following:
(c) The complaint must allege a violation that occurred within one (1) year of the date that the complaint is received by the division of special education.
(d) The division of special education shall develop and implement written procedures to investigate and resolve complaints, including complaints filed by organizations or individuals from other states when the complaints meet the requirements of this section. These procedures shall be widely disseminated to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities. The procedures shall address the following:
(e) The written procedures shall also include timelines for the following:
(f) The individuals assigned as complaint investigators shall be trained employees of the department of education or other state agencies, as appropriate.
(g) Within ten (10) calendar days of the date the complaint is received by the public agency, the public agency has the discretion to do any of the following:
(h) If the public agency and a parent who has filed a complaint agree to engage in mediation under section 2 of this rule, the mediation must be completed within twenty (20) calendar days from the date the parties agree in writing to engage in mediation. If a mediation agreement is executed by the parent and the public agency, the public agency must forward the mediation agreement to the division of special education.
(i) If the public agency under subsection (g)(2) or (g)(3) resolves some but not all of the issues contained in a complaint, the division of special education will investigate the unresolved issues.
(j) Nothing in this section precludes a complainant from filing a new complaint to seek enforcement of a written agreement entered into by the complainant and public agency under subsection (g)(2) or (g)(3).
(k) If the public agency fails to respond under subsection (g), the division of special education will begin investigating the complaint eleven (11) days after the division of special education receives the complaint.
(l) A written complaint report shall be issued by the division of special education within forty (40) calendar days of receiving the complaint, unless an extension has been granted under subsection (d)(6).
(m) Either the public agency or the complainant may request reconsideration by the director of the division of special education of any part of a complaint report. A request for reconsideration must be submitted to the division of special education within ten (10) calendar days of the date the complaint report is issued. The request for reconsideration shall:
(n) If the director of the division of special education revises the written complaint report, the revised report shall be issued within sixty (60) calendar days of the date the written complaint is received by the division of special education, unless an extension has been granted under subsection (d)(6).
(o) Corrective action required by the department of education shall be binding on the public agency. The timelines for the public agency to:
(p) Failure of the public agency to achieve compliance with corrective action required by the department of education shall result in the withholding of federal and state funds to the public agency.
(q) Complaint investigations conducted under this section are not a substitute for due process procedures in sections 3 through 8 of this rule.
(r) If a written complaint is received that is also the subject of a due process hearing or the complaint contains multiple issues, of which one (1) or more are part of that hearing, the department of education shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action shall be resolved using the time limits and procedures described in this section.
(s) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties, the:
(t) A complaint alleging a public agency's failure to implement a due process decision must be resolved by the department of education through the complaint process set forth in this section.
Indiana State Board of Education; 511 IAC 7-45-1; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA
Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA
Filed 3/18/2019, 2:33 p.m.: 20190417-IR-511180153FRA