Home Table of Contents

005.18.12-12.01. Filing a Complaint.

AR ADC 005.18.12-12.01Arkansas 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 005.18.12-12.01
005.18.12-12.01. Filing a Complaint.
Currentness
An organization or an individual, including those from another state, may file a written, signed complaint with the Arkansas Department of Education, or the complaint may be made in person by recorded deposition or statement. Such complaint may be communicated directly or indirectly via other state or federal agencies. A complaint must include
12.01.1 A statement that a public agency has violated a requirement of Part B of IDEA or its implementing federal regulations, or a requirement of these State regulations; and
12.01.2 The specific facts on which the statement is based.
12.01.3 The signature and contact information for the complainant; and
12.01.4 If alleging violations with respect to a specific child
12.01.4.1 The name and address of the residence of the child;
12.01.4.2 The name of the school the child is attending;
12.01.4.3 In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;
A. A description of the nature of the problem of the child, including facts relating to the problem; and
B. A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
12.01.5 The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with 34 CFR 300.151.
12.01.6 The party filing the complaint must forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the SEA.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.12-12.01, AR ADC 005.18.12-12.01
End of Document