D.C. Mun. Regs. tit. 5, r. 5-A3048

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3048 - STATE COMPLAINTS

3048.1

The SEA, through the State Complaint Office (SCO), shall maintain written procedures for the investigation and resolution of any complaint alleging that a public agency has violated a requirement of IDEA or the District's laws and regulations regarding special education and shall, absent exceptional circumstances with respect to a particular complaint, issue a final written decision within sixty (60) days.

3048.2

Any individual or organization may submit to the SCO a signed, written complaint that alleges that any District of Columbia public agency has violated a requirement of Part B of IDEA or the District's laws and regulations regarding special education. The complaint must allege a violation that occurred not more than one (1) year prior to the date the complaint is received by the SCO.

3048.3

The SCO shall investigate and resolve complaints that allege the following:

(a) A violation of Part B of IDEA or the District of Columbia's laws and regulations regarding special education;

(b) A public agency has failed to implement a special education due process hearing officer decision resolving a due process hearing request; or

(c) A failure to implement a settlement agreement (SA) resolving a due process hearing request, however no such review shall delay or deny a party the right to seek enforcement of the settlement agreement in a court of competent jurisdiction.

3048.4

If the SCO receives a written complaint that is also the subject of a due process hearing under Section 3053, or contains multiple issues of which one (1) or more are part of that hearing, the SCO shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing, except that:

(a) Any issue in the complaint that is not a part of the due process action shall be resolved using the time limit and procedures described in the SEA's written state complaint procedures; and

(b) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties:

(1) The due process hearing decision is binding on that issue; and

(2) The SEA shall inform the complainant to that effect.

3048.5

The complainant and public agency may agree to extend the sixty (60) day investigation timeline to engage in mediation.

3048.6

The letter of decision issued by the SCO after completing an investigation is final and unappealable to the SEA. However, if an issue is still in dispute, the parent or public agency may, to the extent permitted under IDEA, request mediation under Section 3047 or file a due process complaint under Section 3053.

D.C. Mun. Regs. tit. 5, r. 5-A3048

Final Rulemaking published at 69 DCR 5902 7/1/2022