(1) An organization or individual may file a written signed complaint that the local educational or public agency is violating the Individuals with Disabilities Education Act (20 U.S.C., sections 1401 through 1485) or its implementing regulations (34 CFR, part 300) , the Montana statutes pertaining to special education (Title 20, chapter 7, part 4, MCA) or the administrative rules promulgated by the Superintendent of Public Instruction governing special education (ARM Title 10, chapter 16) .

(2) The complaint must:

(a) allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with 34 CFR 300.662 unless a longer period is reasonable because the violation is continuing, or the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date the complaint is received under 34 CFR 300.660;

(b) contain a specific statement of what requirement of a federal or state statute, regulation, or rule that applies to a student with disabilities or special education the local educational or public agency has allegedly violated; and

(c) include a statement of facts on which the allegation is based.

(3) The complaint must be filed with the Compliance Officer, Office of Public Instruction, P.O. Box 202501, Helena, Montana 59620-2501. The compliance officer may return the complaint for a more complete statement of the issue. The compliance officer may contact the complainant orally or in writing to discuss the details of the complaint.

(4) Within ten calendar days of receipt of the final written complaint, the compliance officer shall send written notification to the complainant and the local educational or public agency that a complaint has been filed.

(a) The compliance officer shall include a copy of the complaint with the notice to the local educational or public agency.

(b) If the complaint addresses matters listed in 34 CFR 300.503(a) (1) and (2) relating to the identification, evaluation or educational placement of a student with a disability, or the provision of a free appropriate public education to the student, the compliance officer shall inform the complainant of the right to request a due process hearing under 34 CFR 300.507 and ARM 10.16.3507 through 10.16.3523.

(c) The written notice shall inform the local educational or public agency and the complainant that the Office of Public Instruction will contact both parties to implement its early assistance program pursuant to ARM 10.16.3660. The early assistance program requires that prior to conducting an investigation of the allegations and preparation of a final report, the Office of Public Instruction shall actively facilitate resolution of the written complaint for a maximum of 15 business days.

(5) If the local educational or public agency and the complainant are successful in resolving the dispute within 15 business days, the complaint will be dismissed. If resolution within 15 business days is not possible, the compliance officer shall immediately request the local educational or public agency to prepare and submit its written response to the complaint within ten calendar days of receiving the notice that the early assistance program has been unsuccessful. An extension may be granted to the local educational or public agency by the compliance officer based on merits. An extension shall not be granted that will result in findings issued past the 60 day timeline. The local educational or public agency shall send its response to the compliance officer and a copy to the complainant.

(6) Upon receipt of the local educational or public agency’s response, the compliance officer shall begin an appropriate investigation.

(7) The complainant will have ten calendar days to submit to the compliance officer additional information, either orally or in writing, about the allegations in the complaint and the local educational or public agency's written response to the complaint. The ten days will be counted from the day after the complainant receives a copy of the local educational or public agency's response.

(8) During the investigation neither the complainant nor the local educational or public agency or others representing either party shall contact the compliance officer without notifying the other party. Following an appropriate investigation, the compliance officer shall review all relevant information and make an independent determination as to whether the local educational or public agency is violating a requirement of federal or state statute, regulation or rule concerning the provision of a free appropriate public education to a student with disabilities. The compliance officer shall write a final report within 60 days of receipt of the complaint unless an extension of the 60 day period is required by exceptional circumstances which exist with respect to the particular complaint.

(9) The final report will address each allegation in the complaint and state findings of fact and legal conclusions, if required. The written decision will contain the reasons for the Office of Public Instruction’s decision. If the compliance officer concludes that an allegation is true and that corrective action is required to comply with federal or state law, the compliance officer will order the corrective action and shall include timelines for implementation of such action. The Office of Public Instruction will provide technical assistance at the request of the local educational or public agency. The complaint, investigative records, and the final report shall be filed in a confidential file retained by the compliance officer.

(10) At any time during this process, if the compliance officer determines that the complaint has been resolved and compliance is achieved, the compliance officer shall inform the complainant and the local educational or public agency of that fact in writing.

(11) If within 60 days of issuance of the final report, the local educational or public agency has not implemented the corrective action required by the final report, the Office of Public Instruction shall take appropriate sanctions against the local educational or public agency. Such sanctions may include:

(a) recommending to the Board of Public Education withholding state education funds;

(b) denial in whole or part IDEA, Part B federal funds; or

(c) recommending to the Board of Public Education a change in accreditation status.

(12) If the local educational or public agency alleges that the Office of Public Instruction has violated a state or federal special education statute, regulation or rule in ordering the corrective action required by the final report, the Office of Public Instruction shall provide the local educational or public agency with a hearing in accordance with 34 CFR 76.401, and the Montana Administrative Procedure Act, 2-4-601 through 2-4-711, MCA, prior to implementing sanctions.