Pendency determined by state complaint process

Millay v. Surry, 584 F. Supp. 2d 219 (D.C. Maine 2008): A Maine District Court held that a decision rendered by the State of Maine Education Department in response to a complaint filed by the parent through the complaint resolution process established the child’s pendency placement during subsequent proceedings.

State Complaint process and stay put

Millay v. Surry School Dept., 584 F.Supp.2d 219 (D.Me. Oct 28, 2008): In this procedurally complex case in which the parent filed a state complaint, a due process hearing request and a federal court lawsuit, the court found that a state complaint finding in the parent’s favor constituted an agreement between the state and parent for purposes of establishing the child’s stay put placement.