(1) If a written complaint is received that is also the subject of a due process hearing under this chapter or contains multiple issues, of which one or more are part of that hearing, the OSPI 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 hearing must be resolved using the time limit and procedures described in this section.
(2) If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties:
(a) The hearing decision is binding; and
(b) The OSPI must inform the complainant to that effect.
(3) A complaint alleging a school district's failure to implement a due process decision must be resolved by the OSPI.
[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-05035, filed 6/29/07, effective 7/30/07.]