A Procedural Safeguards Notice shall be provided to parents on:

1. An initial referral for evaluation.
2. Each notification of an individualized education program (IEP) Team meeting.
3. Reevaluation of the student.
4. Registration of a due process hearing.
5. The day on which the decision to take disciplinary action involving a change in placement is made.

"Consent" means that:

Parent consent is not required before reviewing existing data as part of an evaluation or reevaluation or when administering a test or other evaluation that is administered to all students.

The district must obtain informed parental consent before conducting a pre-placement evaluation and/or initially placing a child with disabilities in a program providing special education and related services. The district must also obtain informed parental consent prior to conducting any reevaluation except if the parent fails to respond to reasonable measures to obtain such consent. To conduct an initial evaluation or reevaluation, the district must provide prior written notice, which includes:

(1) The reason(s) and nature for an evaluation.
(2) A description of the types of special education programs and services available within the intermediate school district.
(3) A list of organizations, including addresses and phone numbers, available to assist parents in understanding the special education process.
(4) A statement of parent’s rights to inspect and review all educational records with respect to identification, evaluation, program, and educational placement and the provision of a free appropriate public education.
(5) A statement of parent’s right to be accompanied to the individualized educational planning team by any person(s) the parent desires.
(6) The right to obtain an independent evaluation if the parent disagrees with the agency’s evaluation.
(7) A statement of the opportunity for the parent to provide the multi-disciplinary evaluation team with information about the suspected handicapped person and the opportunity to present information at the individualized educational planning committee meeting.

The district may use the hearing procedures in R340.1724 to R340.1724b to determine if the person may be evaluated, reevaluated or initially provided special education and related services without parental consent.

If the hearing officer upholds the district, the district may evaluate, reevaluate or initially provide special education and related services to the child without the parent’s consent, subject to the parent’s rights under R340.1725 (administrative appeal) and R340.1725a (civil action) and to have the child remain in his or her present educational placement during the pendency of any administrative or judicial proceeding. Except for pre-placement evaluation, reevaluation (as explained above) and initial placement, consent may not be required as a condition of any benefit to the parent or child.

The district must provide prior written notice to the parents of a child with disabilities each time it proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child. The notice must include:

(1) a description of the action proposed or refused by the district;
(2) an explanation of why the district proposes or refuses to take the action;
(3) a description of any options the district considered and the reasons why those options were rejected;
(4) a description of each evaluation procedure, text, record, or report the district uses as a basis for the proposal or refusal;
(5) a description of any other factors which are relevant to the district’s proposal or refusal;
(6) a statement that the parent of a child with a disability has protections under the procedural safeguards of state and federal statues and regulations, a copy of which can be obtained by contacting Special Services; and
(7) sources for parents to obtain assistance in understanding the provisions of these safeguards and related special education laws.

The notice must be written in language understandable to the general public, and provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the district shall have the notice translated orally or by other means to the parent in his or her native language or other mode of communication so that the parent understands the content of the notice and there is written evidence that these requirements have been met.

PARENTS INVOLVEMENT

Parents must be given an opportunity to participate in meetings with respect to the identification, evaluation, educational placement, and the provision of a FAPE.

"Evaluation" means procedures used in accordance with Section 1414 of the IDEA to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. The term also means procedures used selectively with an individual child and does not include basic tests administered to or procedures used with all children in a school, grade, or class. The parent has the right to:

(1) have an interpreter/translator present if the primary language is not English or if the student is deaf/hearing impaired or visually impaired, unless it is clearly not feasible to do so;
(2) be assured that testing does not discriminate on the basis of race, language or cultural background;
(3) have evaluation instruments validated for the specific purpose(s) for which they were intended and administered by trained personnel in conformance with the instructions provided by their producer;
(4) have evaluations that assess specific areas of educational need and not produce merely a single intelligent quotient (IQ) score. No single procedure is to be used as the sole criterion for determining an appropriate special education program for your child;
(5) have a variety of assessment tools and strategies used to assess all areas of suspected disability and gather relevant functional and developmental information that may assist in determining eligibility, IEP content, and enabling the child to be involved in, and progress in, the general curriculum or appropriate activities;
(6) have technically sound instruments used that may assess the relative contributions of cognitive and behavioral factors, in addition to physical or developmental factors;
(7) have assessment tools and strategies used that provide relevant information that directly assists persons in determining the educational needs of the child;
(8) have evaluation instruments and procedures adapted for children with impaired sensory, physical or speaking skills; and consider the age, socioeconomic and cultural background;
(9) have the child’s individual education plan (IEP) team as part of an initial evaluation, if appropriate, and a reevaluation review evaluation data on the child. Based upon the review and your input, the IEP team must identify what additional data, if any, is needed to determine whether the child is (or continues to be) disabled, the child’s present levels of performance and educational needs, whether the child needs (or continues to need) special education programs and whether any changes in such programs are needed to enable the child to meet the goals in the IEP and participate, if appropriate, in general education; the district shall use those tests and materials needed to produce the data identified by the IEP team above;
(10) have the evaluation made by a multidisciplinary team which includes a teacher or person knowledgeable in the area of the suspected disability, including, where appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor ability. The evaluation shall be sufficiently comprehensive to identify all of the student's special education and related services needs, whether or not commonly linked to the disability category in which the student has been classified.
(11) provide the multidisciplinary eval-uation team with information about your child’s suspected disability, along with any evaluation you may have obtained for your child;
(12) have an initial evaluation conducted by a multidisciplinary evaluation team within 30 school days after the school has received your written permission to evaluate;
(13) expect a reevaluation every three years to determine if your child still has a disability and is eligible for special services (unless notified a reevaluation is not needed, the reasons why and the right to request a reevaluation despite the notice);
(14) request reevaluation more frequently than three years if it appears appropriate;
(15) be notified of each evaluation procedure, test, record, or report the individualized educational planning team used in determining eligibility and the need for special education programs or services;
(16) have a vocational evaluation if your child is to receive vocational education which must include an assessment of: (a) student’s personal adjustment skills; (b) aptitudes; (c) interests; (d) academic achievement; and
(17) expect a copy of the evaluation report and the documentation of determination of eligibility upon the completion of the administration of tests and other evaluation materials.

The evaluation must also include relevant information regarding the student’s disability and is to be conducted by personnel qualified to administer and interpret the evaluation.

"Independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the district responsible for the education of the child in question. "Independent educational evaluation at public expense" means that the district either pays for the full cost of the evaluation or insures that the evaluation is otherwise provided at no cost to the parent. The parents of the child with disabilities or suspected disabilities, have the right to obtain an independent educational evaluation of the child, as defined in R340.1701a(a). A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the district. However, the district may initiate a due process hearing under R340.1724 to show that its evaluation is appropriate. If the final decision is that the evaluation is appropriate, the parent still has the right to an independent education evaluation, but not at public expense. If the parent obtains an independent educational evaluation at the parent’s own expense, the results of the evaluation must be considered by the district in any decision made with respect to the provision of a free appropriate public education to the child and may be presented as evidence at a due process hearing regarding the child. If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense. Each district shall provide to parents, on request, information about where an independent educational evaluation may be obtained.

When an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria which the district uses when it initiates an evaluation. The associated costs shall be reasonably in accord with those identified by the public agency.

Any party before or after requesting a hearing may request a mediation process in which the relief sought consists of a mutually agreeable settlement between the parties. Mediation is a voluntary procedure. The mediator shall be subject to mutual agreement by the parties and also be qualified, trained in effective mediation techniques and knowledgeable in special education law. The same person shall not mediate and hear the same dispute. The mediation shall not be used to delay the hearing or deny other rights or procedural safeguards. If an agreement is reached at mediation, such agreement shall be set forth in a written mediation agreement. Within five school days of receipt of the mediation agreement, an individualized educational planning team shall be convened to incorporate the agreement into the individualized education program. If any party rejects the mediator’s recommendations, the case shall proceed to hearing in the normal fashion. Discussions occurring during the mediation process shall be confidential and may not be used as evidence in any subsequent hearing or court proceeding.

The state maintains a list of individuals who are qualified mediators and knowledgeable in the laws and regulations relating to the provision of special education and related services. There is no cost for the mediation process to the parents, and the state bears all the cost of mediation, including the cost of the meetings described above. Each session in the mediation process shall be scheduled in a timely manner and shall be held at a location that is convenient to the parties to the dispute.

A parent or a district may initiate a hearing regarding the district’s proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child. When a due process hearing is initiated, the public agency shall inform the parents of the availability of mediation. The district directly responsible for the education of the child will conduct the hearing. The district shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or the parent or the district initiates a due process hearing. A hearing may not be conducted by a person who is an employee of a district which is involved in the education or care of the child, or by any person having a personal or professional interest which would conflict with his or her objectivity in the hearing. A person who otherwise qualifies to conduct a hearing is not an employee of the district solely because he or she is paid by the district to serve as a hearing officer. Each district shall keep a current department-developed and department-distributed list of the persons who serve as hearing officers. This list shall be provided to the parents upon any request of a hearing. The list must include a statement of the qualifications of each of those persons. The public agency shall ensure that a final hearing decision is reached and mailed to the parties within 45 days after the receipt of a request for a hearing, unless the hearing officer grants a specific extension at the request of either party. The decision made in a due process hearing is final, unless a party to the hearing appeals the decision under the procedures for impartial administrative appeal described below.

Any party to a hearing has the right to:

(1) be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;
(2) present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five days before the hearing;
(4) obtain a written or, at the option of the parent, electronic verbatim record of the hearing or obtain alternate forms of the verbatim record to be provided in the parent’s native language at no cost to the parents;
(5) obtain written or, at the option of the parent, electronic findings of fact and decisions at no cost to the parents.

After deleting any personally identifiable information, the district shall transmit those findings and decisions to the State Advisory Panel and make them available to the public. Parents involved in hearings must be given the right to have the child who is the subject of the hearing present and to open the hearing to the public. Each hearing must be conducted at a time and place which is reasonably convenient to the parents and child involved.

ADMINISTRATIVE APPEAL: IMPARTIAL REVIEW

Any party aggrieved by the findings and decision in the hearing may appeal to the Michigan Department of Education (MDE). If there is an appeal, the Michigan Department of Education shall conduct an impartial review of the hearing. The official conducting the review shall:

(1) examine the entire hearing record;
(2) insure that the procedures at the hearing were consistent with the requirements of due process;
(3) seek additional evidence if necessary. If a hearing is held to receive additional evidence, the hearing rights previously described apply;
(4) afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official;
(5) make an independent decision upon completion of the review; and
(6) give a copy of written or, at the option of the parents, electronic findings of fact and the decision to the parties.

Each review involving oral arguments must be conducted at a time and place which is reasonably convenient to the parents and child involved. The MDE ensures that a final decision is reached in an administrative review and mailed to the parties within 30 days after the receipt of a request for a review, unless the reviewing official grants a specific extension at the request of either party. The decision made by the reviewing official is final, unless a party brings a civil action under the following described procedures.

The Michigan Department of Education, after deleting any personally identifiable information shall transmit the findings and decision to the State Special Education Advisory Committee (SEAC).

CIVIL ACTION

Any party aggrieved by the findings and decision made in an administrative review has the right to bring a civil action in state or federal court.

During the pendency of any administrative hearing or judicial proceeding, the child involved in the hearing must remain in his or her present educational placement, unless the district and the parents of the child agree otherwise or as may be determined by the procedure set forth for an alternative interim educational placement. If the hearing involves an application for initial admission to public school, the child, with the consent of the parents, shall be placed in the public school program until the completion of all of the proceedings.

School personnel may order a removal of a student with a disability, just as it would for students who are nondisabled, for not more than ten school days for violations of school rules. Additional separate removals are permissible for ten school days, or less, in the same school year for incidents of misconduct as long as these removals do not constitute a change of placement.

Change of Placement

A change of placement occurs if a pattern of removals cumulate to more than ten school days in a school year. Factors in determining a pattern may include the length of each removal, the total amount of time removed, and the proximity of the removals to each other.

After ten accumulated school days of removals in a school year, the school must provide services that allow the student to progress in the general curriculum, as well as advance in the goals of the IEP. The services are determined by the school personnel in consultation with the student's special education teacher.

Functional Assessment and Behavior Intervention Plan

Not later than ten business days after first removing the student for the 11^th accumulated school day in a school year, the school must do the following:

1. If the local school district has not already conducted a functional behavioral assessment and implemented a behavior implementation plan, the IEP Team shall meet to develop an assessment plan to address the problem behavior. The assessment plan shall be conducted as soon as practicable and presented at an IEP Team meeting to determine an appropriate behavioral intervention plan to address the behavior.

2. If the student already has a behavioral intervention plan, the IEP Team shall meet to review the plan and modify it, as necessary, to address the problem behavior.

3. If the student is subject to further removals during the school year, the school shall contact the IEP Team to determine if another IEP Team meeting is needed to review the plan. If any member of the IEP Team requests a review, the IEP Team shall meet to review the behavior intervention plan.

For the purposes of this document, a general change of placement is:

1. A pattern of removals that are a change of placement as described above.
2. A single removal longer than ten consecutive school days (except for removals under Change of Placement: Drugs and Dangerous Weapons or Change of Placement: Other Dangerous Situations described in following sections.)

For removals that are a general change in placement, all of the following must occur:

1. On the day on which the decision is made to remove the student, the parents shall be notified of the decision and of all procedural safeguards.
2. Manifestation determination review. Immediately, but no later than ten school days after the day on which the decision is made to remove the student, an IEP Team must meet to determine the relationship between the student's disability and the behavior subject to discipline. All relevant information must be considered, including:

It may be determined that the behavior was not a manifestation of the disability only if the IEP Team determines that all of the following are true:

1. in relation to the behavior subject to disciplinary action, the IEP and placement were appropriate, and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the IEP and placement;
2. the student's disability did not impair the ability of the student to understand the impact and consequences of the behavior subject to discipline; and
3. the student's disability did not impair the ability of the student to control the behavior subject to discipline.

A change in placement for a student with a disability to another educational setting may be made by school personnel for not more than 45 calendar days if the student possesses, uses, sells, or solicits illegal drugs, or possesses or carries a weapon to school or a school function.

An illegal drug means a controlled substance; but does not include a substance that is legally possessed by the student or used under the supervision of a licensed health-care professional.

A dangerous weapon is defined as a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocketknife with a blade of less than two and one-half inches in length.

For removals involving drugs or weapons, all of the following must occur:

1. On the day on which the decision is made to remove the student because of violations involving weapons or drugs, the parents shall be notified of the decision and of all procedural safeguards.

2. A manifestation determination review must be conducted.

If school personnel maintain that it is dangerous for the student to return to the placement that was in effect prior to the interim alternative educational setting, the school may request an expedited hearing or seek a court decision. The parent and school may also agree to an extended interim placement.

In changes of placement not involving weapons or drugs, the student may be assigned to an interim alternative educational setting (not to exceed 45 calendar days) if either a hearing officer or court:

1. Determines that the school has demonstrated substantial evidence that maintaining the current placement is substantially likely to result in injury to the student or others; and
2. Considers the appropriateness of the current placement; and
3. Considers whether the school has made reasonable efforts to minimize the risk of harm in the current placement, including the use of supplementary aids and services; and
4. Determines that a proposed interim alternative educational placement will meet the standards given in #4 below:

In discipline procedures involving an order from a court or hearing officer, all of the following must occur:

1. On the day on which the decision is made to remove the student, the parents shall be notified of the decision and of all procedural safeguards.
2. A manifestation determination review must be conducted. Regardless of the outcome of that determination, the removal must be completed as ordered, and the IEP Team must take immediate steps to remedy deficiencies (if any) found in the IEP or placement during the manifestation determination review.
3. Within ten business days from the day on which the decision is made to remove the student, the IEP Team must develop or review, as appropriate, a behavior intervention plan.
4. Programs and services in the interim alternative educational setting are determined by a court or hearing officer in response to proposals by school personnel. The proposal must determine what programs and services or modifications are needed to maintain progress in the general curriculum, progress toward IEP goals, and to help prevent recurrence of the behavior subject to discipline.
5. At the end of the period of removal, the student returns to the placement in effect prior to the interim alternative setting.

A student who has not been determined to be eligible for special education and who has engaged in behavior subject to discipline procedures, may assert any of the protections in these Procedural Safeguards if the school had knowledge that the student was a student with a disability before the disciplinary action occurred.

The school shall be deemed to have prior knowledge that the student is a student with a disability if:

1. The parent has expressed concern in writing (or orally if the parent does not know how to write or has a disability that prevents a written statement) to personnel of the appropriate educational agency that the student is in need of special education and related services.
2. The behavior or performance of the student demonstrates the need for these services in accordance with a disability as defined in the Rules.
3. The teacher of the student, or other personnel of the school, has expressed concern about the behavior or performance of the student to the director of special education or other personnel in accordance with the school's established Child Find or special education referral system.
4. The parent of a student has requested an evaluation for special education.

The school would not be deemed to have prior knowledge of a disability if, as a result of receiving information as listed immediately above, the school:

1. Conducted an evaluation; and
2. Found the student to be ineligible for special education; and
3. Provided notice to the parent of this determination.

If a request for an evaluation is made during the time period in which the student is subjected to disciplinary procedures:

1. The evaluation must be completed in an expedited manner.
2. Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which may include removal and expulsion without educational services.
3. If the student is found to be a student with a disability, the school shall provide special education and related services.

If the school, according to the provisions of this section, does not have knowledge prior to taking disciplinary actions against the student, the student may be subject to the same disciplinary measures as applied to students without disabilities who engaged in comparable behaviors.

A court may award attorney's fees to the parent of a student with a disability who prevails in court or a due process hearing. The fees must be consistent with those for similar legal services in the community. In hearings and in court, reimbursement of attorney's fees are prohibited if:

If the court finds that the parent was substantially justified in rejecting a settlement offer and the parent prevails in the hearing or court case, then attorney's fees may be awarded.

The court may reduce attorney's fees if it finds that:

Attorney's fees will not be awarded to the parent for any meeting of the IEP Team unless:

If the parents of a child with disabilities, who previously received special education programming from the district, enrolls the child in a private school without the consent of, or referral by, the district, a court or hearing officer may require the district to reimburse the parents for the cost of the private school if the court or hearing officer finds the district had not made a free appropriate public education available to the child in a timely manner prior to enrollment. But, the cost of reimbursement may be reduced or denied if:

Notwithstanding this notice requirement, the cost of reimbursement may not be reduced or denied for failure to provide such notice if the parent is illiterate and cannot write in English, if providing such notice would likely result in the physical or serious emotional harm to the child, the school prevented the parent from providing such notice, or the parents had not received notice of their procedural safeguards. A district is not required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility in which the parents unilaterally place the child without the consent or referral by the district, if that district made a free and appropriate public education available to the child and the parents elected to place the child in such private school or facility.

Children enrolled in private schools by their parents may participate in special education programs and related services to the extent consistent with the number and location of such children with disabilities in the state who are enrolled by their parents in private elementary and secondary schools. The amounts expended for those services by the district shall be equal to a proportionate amount of the federal funds made available pursuant to Part B of the IDEA. Such services may be provided to children with disabilities on the premises of private, including parochial, schools to the extent consistent with law.

TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY

When a student with a disability reaches the age of majority (age 18 in Michigan if a legal guardian has not been appointed by the court), the public agency shall provide notice to both the individual and the parents that all rights accorded to parents transfer to the student. All rights accorded to parents transfer to students who are incarcerated in an adult or juvenile federal, state, or local correctional institution.

Each district shall assign an individual to act as surrogate for the parents to protect the educational rights of a child when:

The method for determining whether a child needs a surrogate for the parent and for assigning a surrogate for the parent to a child is the responsibility of the district. Districts appointing a surrogate for the parent to a child ensures that the person:

The surrogate for the parent may represent the child in all matters relating to:

Each district shall permit parents to inspect and review all records relating to their child. The district shall comply with a request without unnecessary delay and before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of the child, and in no case more than 45 days after the request has been made. Parents requesting records for use at an individualized educational planning team meeting, a hearing, or an appeal shall be given access to the requested records immediately. The right to inspect and review educational records under this section includes:

A district may presume that the parent has authority to inspect and review records relating to his or her child unless the district has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separations, and divorce. If any educational record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information. Each district shall provide parents, on request, a list of the types and locations of educational records collected, maintained, or used by the district.

A participating district may not charge a fee to search for or to retrieve information from the child’s educational record. A district may charge a fee for copies of records which are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

Each district shall keep a record of parties obtaining access to educational records collected or maintained, except access by parents and authorized employees of the participating district. Records of access shall include the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

A parent who believes that information in educational records collected, maintained, or used is inaccurate or misleading or violates the privacy or the other rights of their child, may request the participating district which maintains the information to amend the information. The district shall decide whether to amend the information in accordance with the request within a reasonable period of time or receipt of the request. If the district decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal, and advise the parent of the right to a hearing under R340.1868. The district shall, on request, provide an opportunity for a hearing to challenge information in educational records to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. If, as a result of the hearing, the district decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall amend the information accordingly and so inform the parent in writing. If as a result of the hearing, the district decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall inform the parent of the right to place in the education records maintained on the child, a statement commenting on the information or setting forth its reasons for disagreeing with the decision of the district. Any explanation placed in the records of the child under this section must be maintained by the district as part of the records of the child as long as the record or contested portion is maintained by the district; if the records of the child or the contested portion are disclosed by the district to any party, the explanation must also be disclosed to the party.

A formal complaint is a specific written and signed allegation, that there is an uncorrected violation of the Michigan Administrative Rules for Special Education, Public Act 451 of 1976 as amended, the Individuals with Disabilities Education Act, the State Board of Education’s Special Education Plan, or the ISD special education plan. The violation must have occurred not more than one year prior to the date that the complaint is received unless a longer period is reasonable because the violation is continuing, or the complainant is requesting compensatory services for a violation that occurred not more than three years prior to the date the complaint is received. Any citizen may file a complaint with the intermediate school district or with the Michigan Department of Education. Should the parent suspect a violation, the parent may delay filing a complaint and contact the ISD, director of special education or the superintendent’s designee. This person may attempt to resolve the concerns informally, but the parents must be told of their right to file a formal complaint at any time. The parent must also be given a copy of the rules dealing with complaints (Part 8 of the Michigan Administrative Rules for Special Education, as amended), the State Board’s procedures pertaining to complaints, and be assisted in writing the formal complaint, if necessary.

If the parent files a formal complaint, the ISD must investigate the complaint and give the parent a copy of the findings within 21 calendar days. If, after reviewing the district’s report the parent is not satisfied, the parent may appeal to the MDE. The MDE may for good cause investigate any complaint at any time. The MDE must complete the review process within 60 calendar days from when the complaint was filed unless the timeline is extended for exceptional circumstances relative to the complaint