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Legal Resources | Code of Federal Regulations, Title 34 |  T34  300.140, 300.140  

Due process complaints and State complaints.   

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(a) Due process not applicable, except for child find. (1) Except as provided in paragraph (b) of this section, the procedures in Sec. Sec. 300.504 through 300.519 do not apply to complaints that an LEA has failed to meet the requirements of Sec. Sec. 300.132 through 300.139, 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 Sec. Sec. 300.504 through 300.519 apply to complaints that an LEA has failed to meet the child find requirements in Sec. 300.131, including the requirements in Sec. Sec. 300.300 through 300.311.

(2) Any due process complaint regarding the child find requirements (as described in paragraph (b)(1) of this section) 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) Any complaint that an SEA or LEA has failed to meet the requirements in Sec. Sec. 300.132 through 300.135 and 300.137 through 300.144 must be filed in accordance with the procedures described in Sec. Sec. 300.151 through 300.153.

(2) A complaint filed by a private school official under Sec. 300.136(a) must be filed with the SEA in accordance with the procedures in Sec. 300.136(b).

(Approved by the Office of Management and Budget under control number 1820-0030)

(Authority: 20 USC. 1412(a)(10)(A))

(Federal Register: August 14, 2006 (Volume 71, Number 156))