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005.18.12-12.07. Complaint Set-Aside.

AR ADC 005.18.12-12.07Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 12. State Complaint Procedures
Ark. Admin. Code 005.18.12-12.07
005.18.12-12.07. Complaint Set-Aside.
Currentness
12.07.1 Complaints filed under this section, and due process hearings under 34 CFR 300.507 and 300.530 -300.532 and § 10.00 of these regulations
12.07.1.1 If a written complaint is received that is also the subject of a due process hearing under 34 CFR 300.507 or 300.530 -300.532 and § 10.00 of these regulations, or contains multiple issues, of which one or more are part of that hearing, the State must set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time line and procedures set out in these regulations.
12.07.1.2 If an issue is raised in a complaint filed under this part that has previously been decided in a due process hearing involving the same parties
A. The due process hearing decision is binding on that issue; and
B. The SEA must inform the complainant to that effect.
12.07.1.3 A complaint alleging a public agency's failure to implement a due process hearing decision must be resolved by the SEA.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.12-12.07, AR ADC 005.18.12-12.07
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