The LEA must obtain a written affirmation statement from the private school representatives who participated in the consultation process that timely and meaningful consultation has occurred. If the private school representatives do not provide a written affirmation within a reasonable period of time, the LEA must forward the documentation of the consultation process to the SEA.

Consultation must be both timely and meaningful and occur during the design and development of special education and related services for parentally placed children with disabilities to access benefits from IDEA. If private school officials believe that consultation has not occurred in a timely and meaningful manner or that the LEA has not given due consideration to their views, they have the right to complain to the SEA. To submit a complaint, the officials must provide to the SEA the basis of the noncompliance by the LEA and include the applicable provisions in the regulations, and the LEA must forward the appropriate documentation to the SEA. If the private school officials are dissatisfied with the response from the SEA, they may submit a complaint to the U.S. Secretary of Education, and the SEA must forward appropriate documentation to the secretary.