(a) Complaints filed under this section and due process hearings under:

1. (1) 34 C.F.R. §§ 300.507 and 300.530 – 300.532; and
2. (2) 6 CAR § 130-1001 et seq.

(b)

1. (1) If a written complaint is received that is also the subject of a due process hearing under 34 C.F.R. § 300.507 or §§ 300.530 – 300.532 and 6 CAR § 130-1001 et seq., or contains multiple issues, of which one (1) or more are part of that hearing, the state must set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing.
2. (2) However, any issue in the complaint that is not a part of the due process action must be resolved using the timeline and procedures set out in this part.

(c) If an issue is raised in a complaint filed under this part that has previously been decided in a due process hearing involving the same parties, the:

1. (1) Due process hearing decision is binding on that issue; and
2. (2) SEA must inform the complainant to that effect.