(b) Time extension; final decision; implementation. The SEA’s procedures described in paragraph (a) of this section also must—
(1) Permit an extension of the time limit under paragraph (a) of this section only if—
(i) Exceptional circumstances exist with respect to a particular complaint; or
(ii) The parent (or individual or organization, if mediation or other alternative means of dispute resolution is available to the individual or organization under State procedures) and the public agency involved agree to extend the time to engage in mediation pursuant to paragraph (a)(3)(ii) of this section, or to engage in other alternative means of dispute resolution, if available in the State; and
(2) Include procedures for effective implementation of the SEA’s final decision, if needed, including—
(c) Complaints filed under this section and due process hearings under §300.507 and §§300.530 through 300.532.
(1) If a written complaint is received that is also the subject of a due process hearing under §300.507 or §§300.530 through 300.532, 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 limit and procedures described in paragraphs (a) and (b) of this section.
(2) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties—
(i) The due process hearing decision is binding on that issue; and
(ii) The SEA must inform the complainant to that effect.
(3) A complaint alleging a public agency’s failure to implement a due process hearing decision must be resolved by the SEA.
idea_regulations-template-default single single-idea_regulations postid-50343 wp-custom-logo wp-embed-responsive with-font-selector no-anchor-scroll footer-on-bottom animate-body-popup social-brand-colors hide-focus-outline link-style-standard has-sidebar content-title-style-normal content-width-normal content-style-boxed content-vertical-padding-show non-transparent-header mobile-non-transparent-header kadence-elementor-colors elementor-default elementor-kit-82278 Sec.300.152MinimumStatecomplaintprocedures Sec.300.152MinimumStatecomplaintprocedures Sec 300152 Minimum State complaint procedures Sec 300 152 Minimum State complaint procedures Sec. 300.152 Minimum State complaint procedures Sec.300.152MinimumStatecomplaintprocedures Sec. 300.152 Minimum State complaint procedures Sec.300.152MinimumStatecomplaintprocedures Sec.--300.152-Minimum-State-complaint-procedures Sec. 300.152 1001 State 100 procedures Sec.--300.152-1001-State-100-procedures Sec.300.1521001State100procedures