005.28.20 Ark. Code R. § 018 Dese Rules Governing Federal Program Complaint Resolution

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 005.28.20 Ark. Code R. § 018

DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING FEDERAL PROGRAM COMPLAINT RESOLUTION

August 2020

1.00 Regulatory Purpose & Authority.

1.01 These Rules shall be known as the Division of Elementary and Secondary Education Rules Governing Federal Program Complaint Resolution.

1.02 The State Board of Education enacts these Rules pursuant to its authority under Ark. Code Ann. §§ 6undefined6-11-105 & 25undefined25-15-201 et seq.; 20 U.S.C. §§ 20undefined1232c, 20undefined7844, 20undefined7881, & 7883; and 34 C.F.R. Chapter 2, Part 299, Subpart F.

1.03 The purpose of these Rules is to provide a procedure for receiving, reviewing, and resolving complaints made by organizations or individuals against the Arkansas State Board of Education (State Board), Division of Elementary and Secondary Education (Division), other state agency, or a local educational agency (LEA). These Rules apply only to complaints regarding the administration of the following programs contained within the Elementary and Secondary Education Act (ESEA):

(1) Part A of Title I (Improving Basic Programs Operated by Local Educational Agencies);

(2) Part B of Title I (State Assessment Grants);

(3) Part C of Title I (Education of Migratory Children);

(4) Part D of Title I (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk);

(5) Title II (Preparing Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders);

(6) Title III (Language Instruction for English Learners and Immigrant Students);

(7) Subpart 2 of Part A of Title III (Accountability and Administration);

(8) Part A of Title IV (Student Support and Academic Enrichment Grants);

(9) Part B of Title IV (21st Century Community Learning Centers);

(10) Title VI (Indian, Native Hawaiian, and Alaska Native Education);

(11) Title VII (Impact Aid); and

(12) Part F of Title VIII (Participation by Private School Children and Teachers).

1.04 In computing any period of time described in these Rules, the last day of the period so computed shall be included, unless it is a Saturday, Sunday, legal holiday, or other day the Division is closed, in which event the period runs until the end of the next day that the Division is open. Days shall be counted on the basis of calendar days.

2.00 Complaints Against Local Educational Agencies or State Agencies

2.01 A complaint against an LEA, or against a state agency other than the Arkansas State Board of Education and Division of Elementary and Secondary Education, may be made in a statement signed by the complainant. Complaints may be received directly from the complainant, referred from other state or federal agencies, or come on appeal from an LEA. Complaints should be mailed to:

Division of Elementary and Secondary Education

Assistant Commissioner for Public School Accountability

Four Capitol Mall, Mailbox 19

Little Rock, AR 72201

2.02 A complaint must include:

2.02.1 A statement that the LEA or state agency has violated a requirement of an applicable federal statute or regulation;

2.02.2 The facts on which the statement is based and the specific requirement allegedly violated and

2.02.3 All relevant documentary or other evidence supporting the allegation.

2.03 If the complainant has not previously submitted the complaint to the LEA or state agency, the complaint will be referred by the Division to the LEA or state agency for processing through that agency's complaint resolution procedures.

2.03.1 The Division may waive this requirement if it is determined that:2.03.1.1 Delay in resolving the complaint may result in serious and immediate harm to the complainant; 2.03.1.2 The allegations and...