M. C., a Minor, By and Through His Parent, D. C. v. Oregon Department of Education

The Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. ("IDEA") authorizes parents to initiate a due process complaint to adjudicate a dispute "with respect to any matter relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education ("FAPE") of the child." 20 U.S.C. § 1415(b)(6)(A). The IDEA also authorizes the parent to initiate a non-adjudicative administrative state complaint with a state education agency ('SEA") to resolve whether a public agency has violated any of the requirements of the IDEA in 20 U.S.C. §§ 1411-1419, or regulations implementing the IDEA, 34 C.F.R. § 300. If a state chooses to adopt a process for appealing an SEA's state complaint decision, "such process may not waive any of the requirements in 34 C.F.R. §§ 300.151 through 300.153," the Minimum State complaint procedures. 71 Fed. Reg. 46607 (2006). The questions presented are: 1. Did the court of appeals err in affirming the district court's conclusion that the SEA's failure to resolve a parent's state complaint in violation of the minimum state complaint procedures cannot be adjudicated in a due process complaint even though the state complaint dispute is "a matter relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education ("FAPE") of the child" under 20 U.S.C. § 1415(b)(6)(A)?