Section Ed 1121.02 - Investigation of Complaints and Complaint Procedures(a) The commissioner of education shall assign an employee of the department or, if an employee of the department is not available, an independent investigator to: (1) Investigate the alleged complaint including conducting an on-site investigation if necessary; and(2) Issue a written report with recommendations to the commissioner.(b) The commissioner shall issue a written decision that addresses each allegation in the complaint and contains: (1) Findings of fact and conclusions; and(2) The reasons for the department's decision.(c) If the commissioner finds there has been a failure to provide appropriate services, the commissioner's order shall address:(1) How to remediate the denial of those services, including, as appropriate, the awarding of monetary reimbursement or other corrective action appropriate to the needs of the child or the children; and(2) Appropriate future provisions of services for all children with disabilities.(d) The commissioner of education shall mail the written decision and a copy of the independent investigator's report to the public agency named in the complaint, including, if necessary, orders to the agency with specific timelines for the corrective actions if such actions were found necessary in order to attain compliance. If the complaint filed under Ed 1121.01 concerns a specific child, the parent of that child shall receive copies of the decision, the investigator's report, and any orders issued.(e) Complaint procedures shall be in compliance with 34 CFR 300.151- 153.N.H. Admin. Code § Ed 1121.02
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.