Section 511IAC7-34-6. Due process hearings and complaints

   (a) The procedures for mediation in 511 IAC 7-45-2 and the procedures for due process hearings and appeals in 511 IAC 7-45-3 through 511 IAC 7-45-11 are not available to resolve disputes regarding the requirements set forth in this rule, unless the dispute concerns one (1) of the following issues:

(1) Child find.

(2) The appropriateness of an evaluation or reevaluation.

(3) The determination of eligibility for special education and related services.

  (b) A request for a due process hearing regarding the issues set forth in subsection (a) must be sent simultaneously to the superintendent of public instruction and the public agency in which the nonpublic school or facility is located, unless the:

(1) request for due process concerns the appropriateness of an initial evaluation or the determination of eligibility for special education and related services, or both; and

(2) initial evaluation and determination of eligibility were conducted by the school district of legal settlement.

  (c) If the request for a due process hearing concerns the issues set forth in subsection (b)(1) and (b)(2), the request must be sent simultaneously to the superintendent of public instruction and the public agency of legal settlement.

  (d) A complaint that a public agency has failed to meet the requirements of this rule may be filed under the procedures described in 511 IAC 7-45-1, except for complaints filed by nonpublic school officials under section 4(f) of this rule, which must be filed in accordance with section 4(f) through 4(h) of this rule. (Indiana State Board of Education; 511 IAC 7-34-6; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)