R 340.1852

MARSE R 340.1852 General responsibilities of public agencies, intermediate school districts, and the department.

Rule 152.

1. All public agencies shall receive allegations of violations of state or federal regulations pertaining to special education. When an allegation is made orally, the recipient public agency may take formal or informal action as necessary to resolve the situation in compliance with applicable provisions of law, but, at a minimum, shall immediately do all of the following:
   1. Inform the person making the allegation that he or she has a right to file a written state complaint with the department.
   2. Inform the person making the allegation that the filing of a state complaint may be delayed so that mediation or other informal resolution may be attempted. The right to file a state complaint is retained if the informal attempts to resolve the concern in a timely manner are unsuccessful.
   3. Provide the person making the allegation with a copy of part 8 of these rules and the department's procedures pertaining to state complaints.
   4. Offer to assist the person in filing a state complaint.
2. All public agencies shall have procedures to receive state complaints.
3. If requested, the intermediate school district shall assist a person in writing a state complaint.
4. When a state complaint is filed, the department shall provide the complainant with all of the following:
   1. A copy of part 8 of these rules.
   2. A copy of the procedures established by the department pertaining to state complaints.
   3. A copy of the procedural safeguards notice.
   4. Information regarding mediation.