(a) An organization or individual may file a signed written complaint under the procedures described in §§ 300.151 through 300.152.
(b) The complaint must include—
(1) A statement that a public agency has violated a requirement of Part B of the Act or of this part;
(2) The facts on which the statement is based;
(3) The signature and contact information for the complainant; and
(4) If alleging violations with respect to a specific child—
(i) The name and address of the residence of the child;
(ii) The name of the school the child is attending;
(iii) 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;
(iv) A description of the nature of the problem of the child, including facts relating to the problem; and
(v) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
(c) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with § 300.151.
(d) The party filing the complaint must 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 SEA.
(Approved by the Office of Management and Budget under control numbers 1820-0030 and 1820-0600)
(Authority: 20 U.S.C. 1221e-3)
Notes of Decisions
Timothy O. v. Paso Robles Unified Sch. Dist., 822 F.3d 1105 (9th Cir. 2016).
“507 or filing a State complaint under 34 C.F.R. § 300.153 . The school district may also initiate an evaluation sua sponte if it seeks and receives párental consent.”
Moubry ex rel. Moubry v. Indep. Sch. Dist. No. 696, 951 F. Supp. 867 (D. Minnesota 1996).
· cites it 4× “” See, Note, 34 C.F.R. § 300.153 . The note goes on to relate that, even those States whose “standards for a profession or discipline * * * are not based on the highest requirements in the State applicable to a specific profession or discipline,” see, 34 C.”
State Ex Rel. Boner v. Kanawha Cnty. Bd. of Educ., 475 S.E.2d 176 (W. Va. 1996).
· cites it 3× “” 34 C.F.R. § 300.153 (a)(1)(i) (1995). Additionally, the IDEA requires that states establish and maintain standards for ensuring that personnel necessary to carry out the purposes of Part B are adequately prepared and trained.”
Horen v. Bd. of Educ. of Toledo City Sch., 568 F. Supp. 2d 850 (N.D. Ohio 2008).
“…for an individual to file a complaint that a "public agency has violated a requirement of Part B of the Act.” 34 C.F.R. § 300.153 .”
Fairfield-Suisun Unified Sch. Dist. v. State of California Dep't of Educ., 780 F.3d 968 (9th Cir. 2015).
“) The school district also alleges that the Department has a practice, which it followed here, of considering conduct outside the 1-year statute of limitations imposed by 34 C.F.R. § 300.153 (c). In the second proceeding, the school district contends the Department imposed the…”
L.H. v. Chino Valley Unified Sch. Dist., 944 F. Supp. 2d 867 (C.D. Cal. 2013).
“3d at 1029 ; see also 34 C.F.R. § 300.153 (b). While the IDEA specifically provides for judicial appeal of an impartial due process hearing, 20 U.”
Pontarelli v. McKee (D.R.I. 2023).
“Pontarelli argues, RIDE nullified his rights under § 34 CFR 300.153 and caused an injury to him that this Court could rectify.”
— 34 C.F.R. § 300.153(b)(1) — 2 cases
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