Section 7-34-B-300.152 - Minimum State complaint procedures(a)Time limit; minimum procedures. Within a time limit of sixty (60) days after a formal State complaint is filed under §300.153, the MDE shall- (1) Carry out an independent on-site investigation, if the MDE determines that an investigation is necessary;(2) Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;(3) Provide the public agency with the opportunity to respond to the complaint, including, at a minimum- (i) At the discretion of the public agency, a proposal to resolve the complaint; and(ii) An opportunity for a parent who has filed a complaint and the public agency to voluntarily engage in mediation consistent with §300.506;(4) Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of IDEA or the IDEA 2004 regulations; and(5) Issue a written decision to the complainant that addresses each allegation in the complaint and contains- (i) Findings of fact and conclusions; and(ii) The reasons for the MDE's final decision.(b)Time extension; final decision; implementation.(1)The MDE may also permit an extension of the time limit described above only if- (i) Exceptional circumstances exist with respect to a particular complaint; or(ii) The parent (or individual or organization, if mediation or other alternative means of dispute resolution is available to the individual or organization under the MDE procedures) and the public agency involved agree to extend the time to engage in mediation pursuant to paragraph (a)(3)(ii) of this section, or to engage in other alternative means of dispute resolution, if available; and(2) Include procedures for effective implementation of the MDE's final decision, if needed, including-(i) Technical assistance activities;(iii) Corrective actions to achieve compliance.(c)Complaints filed under this section and due process hearings under §300.507 and §§300.530 through 300.532.(1) If a written complaint is received that is also the subject of a due process hearing under §300.507 or §§300.530 through 300.532, or contains multiple issues of which one or more are part of that hearing, the MDE must set aside any part of that complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in paragraphs (a) and (b) of this section.(2) If an issue is raised in a complaint has previously been decided in a due process hearing involving the same parties- (i) The due process hearing decision is binding on that issue; and(ii) The MDE must inform the complainant to that effect.(3) A complaint alleging a public agency's failure to implement a due process hearing decision must be resolved by the MDE.7 Miss. Code. R. 34-B-300.152