1. (a) An organization or an individual, including those from another state, may file a written, signed complaint with the Division of Elementary and Secondary Education, or the complaint may be made in person by recorded deposition or statement.
2. (b) Such complaint may be communicated directly or indirectly via other state or federal agencies.

3. (c) A complaint must include:

   1. (1) A statement that a public agency has violated a requirement of:

      1. (A) Part B of Individuals with Disabilities Education Act or its implementing federal regulations; or
      2. (B) This part;
   2. (2) The specific facts on which the statement is based;
   3. (3) The signature and contact information for the complainant; and

   4. (4) If alleging violations with respect to a specific child:

      1. (A) The name and address of the residence of the child;
      2. (B) The name of the school the child is attending;
      3. (C) In the case of a homeless child or youth (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(2)), available contact information for the child, and the name of the school the child is attending;
      4. (D) A description of the nature of the problem of the child, including facts relating to the problem; and
      5. (E) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
4. (d) The complaint must allege a violation that occurred not more than one (1) year prior to the date that the complaint is received in accordance with 34 C.F.R. § 300.151.
5. (e) The party filing the complaint must forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the SEA.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.