A complaint is a written signed statement by an individual or organization, including an individual or organization from another state, containing a statement that the department of education or a school district has violated a requirement of federal or state statutes, rules, or regulations that apply to a program and a statement of the facts on which the complaint is based. The complaint must allege a violation that occurred not more than one year before the date the complaint is received by the department. The written signed statement shall also include:

1. (1) The signature and contact information for the complainant; and

2. (2) 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, 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 related 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.

Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.