La. Admin. Code tit. 28 § CXV-349

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXV-349 - Complaint Procedures

A. These complaint procedures are established for resolving complaints which may be filed against the LDE or an agency pursuant to provisions of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., (ESEA).

B. The following definitions apply to this Section.

Agency-a local educational agency, educational service agency, consortium of those agencies, or entity.

Applicable Program-any of the following ESEA programs for which the LDE has submitted a consolidated state plan or consolidated state application under the ESEA, which may include:

a. title I, part A (improving basic programs operated by local educational agencies);

b. title I, part B, subpart 3 (even start family literacy programs);

c. title I, part C (education of migratory children);

d. title I, part D (prevention and intervention programs for children and youth who are neglected, delinquent, or economically disadvantaged);

e. title I, part F (comprehensive school reform);

f. title II, part A (teaching and principal training and recruitment fund);

g. title II, part D (enhancing education through technology);

h. title III, part A (english language acquisition, language enhancement, and academic achievement);

i. title IV, part A, subpart 1 (safe and drug-free schools and communities);

j. title IV, part A, subpart 2 (community service grants);

k. title IV, part B (twenty-first century community learning centers);

l. title V, part A (innovative programs);

m. title VI, part A, subpart 1, sections 6111 (improving academic achievement programs); and

n. title VI, part B, subpart 2 (rural and low-income schools program).

Covered Program-a federal program not defined as an applicable program for which the LDE is required to provide a complaint procedure and for which a complaint procedure is not otherwise provided by rule of the LDE.

C. This Subsection sets forth the specific procedures for resolving complaints that are filed pursuant to the ESEA.

1. LDE will receive complaints from individuals or organizations alleging:

a. a violation of law in the administration of an applicable program; or

b. a violation of a federal statute or regulation that applies to a covered program for which federal law permits the filing of a complaint with the LDE.

2. The complaint must be in writing and must include:

a. a statement that LDE or an agency has violated a requirement of a federal statute or regulation that applies to an applicable program or a covered program;

b. the facts on which the statement is based, including the name of the agency or agencies, and the specific requirement alleged to have been violated;

c. a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed;

d. the signature and contact information for the complainant or his or her designated representative; and

e. the complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received by the LDE.

3. Upon receipt of a complaint against an agency that meets the requirements of §349. C 2, the LDE will acknowledge receipt of the complaint in writing and provide written notice to the agency against which the violation has been alleged. The LDE will provide the agency with the opportunity to resolve the complaint without a finding, with the participation and agreement of the complainant.

4. If the complaint concerns a violation by the LDE and meets the applicable requirements of §349. C 2, the state superintendent of education will appoint an impartial person(s) to conduct an investigation and resolve the complaint. The person(s) so appointed will acknowledge receipt of the complaint in writing.

5. All complaints must be resolved within 60 days of the date the LDE receives the complaint. Within that 60-day timeline, the LDE, or the impartial investigator when a complaint is filed against the LDE, will:

a. carry out an independent on-site investigation, if the LDE or impartial investigator determines that an investigation is necessary;

b. give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

c. provide the LDE or agency with the opportunity to respond to the complaint, including, at the discretion of the agency, a proposal to resolve the complaint;

d. review all relevant information and make an independent determination as to whether the LDE or agency is violating a requirement of the ESEA; and

e. issue a written decision to the complainant that addresses each allegation in the complaint and contains:

i. findings of fact and conclusions;

ii. the reasons for the final decision; and

iii. a statement of the complainant's right to request the secretary of the U.S. Department of Education (secretary) to review the final decision, at the secretary's discretion.

6. Complaints regarding participation by private school children must be appealed to the secretary no later than 30 days after the decision is issued. An appeal regarding participation by private school children must be accompanied by a copy of the decision and a complete statement of reasons supporting the appeal.

7. Written decisions on complaints alleging violations by LDE will be provided to BESE.

8. Timelines for LDE's final decision may be extended if exceptional circumstances exist with respect to a particular complaint.

9. The LDE's final decision must be implemented and include, if needed:

a. technical assistance activities;

b. negotiations; and

c. corrective actions to achieve compliance.

10. Nothing herein shall preclude the availability of an informal resolution between the complainant and the LDE or agency, nor shall anything herein preclude or abrogate the availability of any administrative hearing opportunities as provided for by federal statute or regulation.

11. LDE will implement a process for tracking complaints received by LDE to facilitate timely investigation and resolution.

12. LDE will maintain a complaint log which includes the following components:

a. date of receipt of complaint;

b. name of complainant;

c. name of agency, or LDE if complaint is against LDE;

d. resolution, including technical assistance activities and corrective action plan, if needed;

e. date of resolution;

f. date of follow-up on technical assistance activities and corrective action plan, if assigned, and the results of that activity.

D. An agency will disseminate, free of charge, adequate information about the complaint procedures to parents of students, and appropriate private school offices or representatives.

La. Admin. Code tit. 28, § CXV-349

Promulgated by the Board of Elementary and Secondary Education, LR 33:1613 (August 2007), amended LR 39:2198 (August 2013), Amended LR 4536 (1/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6, 20 USC 6320, 7883(a), and 7844(a)(3)(C), and 34 CFR 106.8(b) and 299.11-299.12 .