Collapse to view only § 299.14 - What items are included in the complaint procedures?
- § 299.13 - What complaint procedures shall an SEA adopt?
- § 299.14 - What items are included in the complaint procedures?
- § 299.15 - How does an organization or individual file a complaint?
- § 299.16 - What must an SEA include in its written resolution of a complaint?
- § 299.17 - What must a party seeking to appeal an SEA's written resolution of a complaint or failure to resolve a complaint in 45 days include in its appeal request?
§ 299.13 - What complaint procedures shall an SEA adopt?
(a) General. An SEA shall adopt written procedures, consistent with State law, for—
(1) Receiving and resolving any complaint from an organization or individual that the SEA or an agency or consortium of agencies is violating a Federal statute or regulation that applies to an applicable program listed in paragraph (b) of this section;
(2) Reviewing an appeal from a decision of an agency or consortium of agencies with respect to a complaint; and
(3) Conducting an independent on-site investigation of a complaint if the SEA determines that an on-site investigation is necessary.
(b) Applicable programs. This subpart is applicable to the following programs:
(1) Part A of title I (Improving Basic Programs Operated by Local Educational Agencies).
(2) Part C of title I (Education of Migratory Children).
(3) Part D of title I (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk).
(4) Part A of title II (Supporting Effective Instruction).
(5) Part A, subpart 1 of title III (English Language Acquisition, Language Enhancement, and Academic Achievement), except for section 3112.
(6) Part A of title IV (Student Support and Academic Enrichment Grants).
(7) Part B of title IV (21st Century Community Learning Centers).
(8) Part B, subpart 2 of title V (Rural and Low-Income School Program).
(9) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, Education for Homeless Children and Youth Program.
§ 299.14 - What items are included in the complaint procedures?
An SEA shall include the following in its complaint procedures:
(a)(1) Except as provided in paragraph (a)(2) of this section, a reasonable time limit after the SEA receives a complaint for resolving the complaint in writing, including a provision for carrying out an independent on-site investigation, if necessary.
(2) In matters involving violations of section 1117 or 8501 of the ESEA (participation of private school children), an SEA must resolve, in writing, a complaint within 45 days after receiving the complaint.
(b) An extension of the time limit under paragraph (a)(1) of this section only if exceptional circumstances exist with respect to a particular complaint.
(c)(1) The right for the complainant to request the Secretary to review the final decision of the SEA, at the Secretary's discretion.
(2) In matters involving violations of section 1117 or 8501 of the ESEA (participation of private school children), the Secretary will follow the procedures in section 8503(b) of the ESEA.
(d) A requirement for LEAs to disseminate, free of charge, adequate information about the complaint procedures to parents of students, and appropriate private school officials or representatives.
§ 299.15 - How does an organization or individual file a complaint?
An organization or individual may file a written signed complaint with an SEA. The complaint must be in writing and signed by the complainant, and include—
(a) A statement that the SEA or an agency or consortium of agencies has violated a requirement of a Federal statute or regulation that applies to an applicable program; and
(b) The facts on which the statement is based and the specific requirement allegedly violated.
§ 299.16 - What must an SEA include in its written resolution of a complaint?
An SEA must include the following in its written resolution of a complaint under an applicable program:
(a) A description of applicable statutory and regulatory requirements.
(b) A description of the procedural history of the complaint.
(c) Findings of fact supported by citation, including page numbers, to supporting documents under paragraph (h) of this section.
(d) Analysis and conclusions regarding the requirements.
(e) Corrective actions, if applicable.
(f) A statement of applicable appeal rights.
(g) A statement regarding the State's determination about whether it will provide services.
(h) All documents the SEA relied on in reaching its decision, paginated consecutively.
§ 299.17 - What must a party seeking to appeal an SEA's written resolution of a complaint or failure to resolve a complaint in 45 days include in its appeal request?
(a) A party appealing an SEA's written resolution of a complaint, or failure to resolve a complaint, must include the following in its request within 30 days of either the SEA's resolution or the 45-day time limit:
(1) A clear and concise statement of the parts of the SEA's decision being appealed, if applicable.
(2) The legal and factual basis for the appeal.
(3) A copy of the complaint filed with the SEA.
(4) A copy of the SEA's written resolution of the complaint being appealed, if one is available, including all supporting documentation required under § 299.16(h).
(5) Any supporting documentation not included as part of the SEA's written resolution of the complaint being appealed.
(b) Unless substantiating documentation identified in paragraph (a) of this section is provided to the Department, the appeal is not considered complete. Statutory or regulatory time limits are stayed until the appeal is complete as determined by the Department.
(c) In resolving the appeal, if the Department determines that additional information is necessary, all applicable statutory or regulatory time limits are stayed pending receipt of that information.