View FileSeptember 9, 2003 to North Dakota State Director of Special Education Robert Rutten (MS Word)
Dated September 9, 2003Mr. Robert RuttenDirector of Special EducationDepartment of Public Instruction600 E. Boulevard Ave., Dept. 201Bismarck, North Dakota 58505-0440Dear Mr. Rutten:This is in response to your letter requesting clarification on the IDEA Part B complaint investigation procedures. You presented a situation that occurred during a recent complaint investigation in which (1) an employee of the State Protection and Advocacy Project was present with a parent during an interview by the complaint investigator and (2) the complaint investigator sent copies of the statement of issues to be investigated to employees of the State Protection and Advocacy Project for their review. You clarified that the parent (who is the complainant) chose to involve the State Protection and Advocacy Project and asked that correspondence be directed to that agency. You also indicated that if a complainant does not choose to involve an advocate or other outside counsel, the North Dakota Department of Public Instruction does not share correspondence with them or include them in complaint investigation interviews. A local special education administrator objected to any outside agency being directly involved in the State complaint process believing that involvement of outside parties places bias into what is to be a non-biased investigationThe State complaint procedures are set out at 34 CFR 300.660-300.662 of the Part B regulations, publishe/s/ Patricia J. Guard forStephanie Smith LeeDirectorOffice of Special Education ProgramsPage PAGE 2 - Mr. Robert Rutten
