Michigan Administrative Code
Department - Education
Superintendent of Public Instruction
Special Education Programs and Services
Part 2 - INITIAL EVALUATION, TIME LINES, INDIVIDUALIZED EDUCATION PROGRAM, DISTRICT RESPONSIBILITIES, AND DUE PROCESS PROCEDURES
Section R. 340.1724f - Due process complaints; procedures
Current through Vol. 24-04, March 15, 2024
Rule 24f.
(1) A parent, a public agency, or the department may request a hearing by doing both of the following:
(2) A complainant may request a hearing on matters related to 1 or more of the following:
(3) Upon receipt of a due process complaint, the department shall refer the complaint to the Michigan office of administrative hearings and rules, which shall appoint an administrative law judge to conduct a hearing in accordance with the Individuals with Disabilities Education Act, 20 USC 1400 et seq.; sections 1701 to 1761 of the revised school code, 1976 PA 451, MCL 380.1701 to 380.1761; R 792.11801 to R 792.11803; and these rules.
(4) Any party aggrieved by a final decision and order issued by an administrative law judge under this rule may appeal to a court of competent jurisdiction within 90 days after the mailing date of the final decision and order.
(5) Unless otherwise specified in the administrative law judge's final decision and order, the public agency shall implement the final decision and order within 15 school days of the agency's receipt of the final decision and order.
(6) If the final decision and order of an administrative law judge requires, the public agency shall submit proof of compliance with the final decision and order to the department, documenting that the public agency has implemented the provisions of the final decision and order.