Mich. Admin. Code R. 340.1724f

Current through Vol. 24-22, December 15, 2024

Section R. 340.1724f - Due process complaints; procedures

Rule 24f.

(1) A parent, a public agency, or the department may request a hearing by doing both of the following:

(a) Filing a written due process complaint, signed by the complainant, with the department by mail, by personal delivery, or by electronic submission.

(b) Providing a copy of the complaint to the public agency or other party or parties that are the subject of the due process complaint.

(2) A complainant may request a hearing on matters related to 1 or more of the following:

(a) Identification.

(b) Evaluation.

(c) Educational placement.

(d) Provision of a free appropriate public education.

(e) Provision of appropriate services under 34 CFR Part 303 (2019) to the child or the child's family.

(f) Assignment of financial obligations for services under 34 CFR Part 303 (2019) to the parents.

(g) Determination that behavior was not a manifestation of the student's disability.

(h) Determination of an appropriate interim alternative educational setting by the individualized education program team.

(i) Placement in an interim alternative setting for not more than 45 school days, because maintaining the current placement is substantially likely to result in injury to the student or others.

(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 1400et 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.

Mich. Admin. Code R. 340.1724f

2006 AACS; 2008 AACS; 2010 AACS; 2013 AACS; 2020 MR 3, Eff. 2/13/2020