34 C.F.R. § 300.136

Compliance

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(a) General. A private school official has the right to submit a complaint to the SEA that the LEA—

(1) Did not engage in consultation that was meaningful and timely; or

(2) Did not give due consideration to the views of the private school official.

(b) Procedure. (1) If the private school official wishes to submit a complaint, the official must provide to the SEA the basis of the noncompliance by the LEA with the applicable private school provisions in this part; and

(2) The LEA must forward the appropriate documentation to the SEA.

(3)(i) If the private school official is dissatisfied with the decision of the SEA, the official may submit a complaint to the Secretary by providing the information on noncompliance described in paragraph (b)(1) of this section; and

(ii) The SEA must forward the appropriate documentation to the Secretary.

(Approved by the Office of Management and Budget under control numbers 1820-0030 and 1820-0600) (Authority: 20 U.S.C. 1412(a)(10)(A)(v))

Notes of Decisions

Cited in 2 cases, 1999–2007 · leading case: Cavanagh v. Grasmick, 75 F. Supp. 2d 446 (D. Maryland 1999).

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Cavanagh v. Grasmick, 75 F. Supp. 2d 446 (D. Maryland 1999). · cites it 2× “The corresponding federal regulations providing for state personnel standards, see generally 34 C.F.R. § 300.136 (a)-(g), did not become effective until May 11, 1999, and are thus not applicable to this case.”

Manchester-Essex Reg'l Sch. Dist. Sch. Comm. v. Bureau of Special Educ. Appeals of the Massachusetts Dep't of Educ., 490 F. Supp. 2d 49 (D. Mass. 2007). · cites it 2× “34 C.F.R. § 300.136 (a)(4). The IDEA allows for para-professionals and assistants to assist schools in fulfilling the goals of the Act.”

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