- (a) Due process inapplicable, except for child find. Except as provided in subsection (b) of this section, the procedures in 34 C.F.R. §§ 300.504 – 300.519 and 6 CAR §§ 130-905 – 130-906, 6 CAR § 130-1001 et seq., and 6 CAR § 130-1501 et seq. (Procedural Safeguards Notice, Parental Consent, Mediation, Due Process Hearings), do not apply to complaints that an LEA has failed to meet the requirements of 34 C.F.R. §§ 300.132 – 300.139 and 6 CAR §§ 130-1403 – 130-1408, including the provision of services indicated on the child's services plan.
(b) Child find complaints — To be filed with the LEA in which the private school is located.
- (1) The procedures in 34 C.F.R. §§ 300.504 – 300.519 apply to complaints that an LEA has failed to meet the child find requirements in 34 C.F.R. § 300.131, including the requirements in 34 C.F.R. §§ 300.300 – 300.311.
- (2) Any due process complaint regarding the child find requirements must be filed with the LEA in which the private school is located, and a copy must be forwarded to the SEA.
(c) State complaints.
- (1) Complaints that an LEA has failed to meet the requirements of 34 C.F.R. §§ 300.132 – 300.135 and 300.137 – 300.144 and 6 CAR §§ 130-1405 – 130-1412 must be filed under the procedures in 34 C.F.R. §§ 300.151 – 300.153 and 6 CAR § 130-1201 et seq., State Complaint Procedures.
- (2) A complaint filed by a private school official under 34 C.F.R. § 300.136(a) must be filed with the SEA in accordance with the procedures in 34 C.F.R. § 300.136(b).