Mich. Admin. Code 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:
(a) Inform the person making the allegation
that he or she has a right to file a written state complaint with the
department.
(b) 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.
(c) Provide the person making the allegation
with a copy of part 8 of these rules and the department's procedures pertaining
to state complaints.
(d) 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:
(a) A copy of part 8 of these
rules.
(b) A copy of the procedures
established by the department pertaining to state complaints.
(c) A copy of the procedural safeguards
notice.
(d) Information regarding
mediation.
Notes
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