048-4 Wyo. Code R. § 303.420

Current through April 27, 2019
Section 303.420 - Due process procedures

Each system must include written procedures including procedures for mediation as described in Sec. 303.419, for the timely administrative resolution of individual child complaints by parents concerning any of the matters in Sec. 303.403(a). A State may meet this requirement by-

(a) Adopting the mediation and due process procedures in 34 CFR 300, 506 through 300.512 and developing procedures that meet the requirements of Sec. 303.425; or

(b) Developing procedures that-

  • (1) Meet the requirements in Sec. 303.419 and Secs. 303.421 through 303.425; and
  • (2) Provide parents a means of filing a complaint.

048-4 Wyo. Code R. § 303.420

58 FR 40959, 7/30/1993, as amended at 63 FR 18296, 4/14/1998

Authority: 20 U.S.C. 1439(a)(1) Approved by the Office of Management and Budget under control number 1820-0550 Note 1: Sections 3 03.420 through 3 03.425 are concerned with the adoption of impartial procedures for resolving individual child complaints (i.e., complaints that generally affect only a single child or the child's family). These procedures require the appointment of a decision-maker who is impartial, as defined in Sec. 303.421(b), to resolve a dispute concerning any of the matters in Sec. 303.403(a). The decision of the impartial decision-maker is binding unless it is reversed on appeal. A different type of administrative procedure is included in Secs. 303.510 through 303.512 of subpart F of this part. Under those procedures, the lead agency is responsible for (1) investigating any complaint that it receives (including individual child complaints and those that are systemic in nature), and (2) :' resolving the complaint if the agency determines that a violation has occurred. Note 2: It is important that the administrative procedures developed by a State be designed to result in speedy resolution of complaints. An infant's or toddler's development is so rapid that undue delay could be potentially harmful.