---
kind: "section"
citation: "34 C.F.R. § 300.140"
title: "34"
number: "300.140"
heading: "Due process complaints and State complaints."
url: "https://uscodex.org/cfr/34/300.140"
---

# §300.140. Due process complaints and State complaints.

- (a) **Due process not applicable, except for child find.**
  - (1) Except as provided in [paragraph (b)](#b) of this section, the procedures in [§§ 300.504 through 300.519](/cfr/34/300.504..300.519.md) do not apply to complaints that an LEA has failed to meet the requirements of [§§ 300.132 through 300.139](/cfr/34/300.132..300.139.md), including the provision of services indicated on the child's services plan.
- (b) **Child find complaints—to be filed with the LEA in which the private school is located.**
  - (1) The procedures in [§§ 300.504 through 300.519](/cfr/34/300.504..300.519.md) apply to complaints that an LEA has failed to meet the child find requirements in [§ 300.131](/cfr/34/300.131.md), including the requirements in [§§ 300.300 through 300.311](/cfr/34/300.300..300.311.md).
  - (2) Any due process complaint regarding the child find requirements (as described in [paragraph (b)(1)](#b-1) of this section) must be filed with the LEA in which the private school is located and a copy must be forwarded to the SEA.
- (c) **State complaints.**
  - (1) Any complaint that an SEA or LEA has failed to meet the requirements in §§ [300.132 through 300.135](/cfr/34/300.132..300.135.md) and [300.137 through 300.144](/cfr/34/300.137..300.144.md) must be filed in accordance with the procedures described in [§§ 300.151 through 300.153](/cfr/34/300.151..300.153.md).
  - (2) A complaint filed by a private school official under [§ 300.136(a)](/cfr/34/300.136.md?p=a) must be filed with the SEA in accordance with the procedures in [§ 300.136(b)](/cfr/34/300.136.md?p=b).

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.