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005.28.39-2.00. Complaints Against Local Educational Agencies or State Agencies

AR ADC 005.28.39-2.00Arkansas Administrative CodeEffective: August 10, 2020

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 39. Rules Governing Federal Program Complaint Resolution
Effective: August 10, 2020
Ark. Admin. Code 005.28.39-2.00
Formerly cited as AR ADC 005.19.13-2.00
005.28.39-2.00. Complaints Against Local Educational Agencies or State Agencies
Currentness
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 supporting information, together with readily available cross-check data in the files of the Division, provide sufficient evidence to show probable success of the complaint on its own merits; or
2.03.1.3 There is evidence that the LEA or state agency is aware of the alleged violation and has failed to act to resolve it.
2.03.2 When a complaint is referred to an LEA or state agency for resolution under this subsection, a transmittal letter shall direct the resolution of the complaint under the adopted procedures of the LEA or state agency within a time period not to exceed thirty (30) days, unless a longer period is specified by the Division due to exceptional circumstances. The transmittal shall also provide information on the rights of the complainant to appeal the final written report of the agency to the Division. A copy of the transmittal letter shall be sent to the complainant.
2.03.3 Every LEA is required to disseminate, free of charge, adequate information about its complaint procedures to parents of students, and appropriate private school officials or representatives.
2.04 The Division shall conduct any investigative efforts it deems necessary to effectively address the complaint. Such efforts may include the appointment of an investigative team to conduct an on-site visit, review records, or conduct interviews. The Division may conduct informal fact-finding hearings or mediations to clarify the issues.
2.05 Within forty (40) days of the Division's receipt of a complaint, the Division shall issue to the complainant and to the LEA or state agency a preliminary report stating:
2.05.1 A summary of the substance of the allegations in the complaint and the name of the individual, group or agency making the complaint;
2.05.2 A summary of the Division's investigative activities, if any;
2.05.3 A summary of the findings concerning each alleged violation or implied violation; and
2.05.4 A statement of the corrective actions, if any, needed to resolve the findings, including a recommendation for an independent audit if deemed appropriate.
2.06 The complainant and the LEA or state agency may submit written responses or additional evidence within thirty (30) days of the date of the preliminary report. Failure to timely respond to the preliminary report shall be considered as acceptance of every part of the report.
2.07 Within ten (10) days of the end of the response period set forth in section 2.06 above, the Division shall issue to the complainant and to the LEA or state agency a final report. The final report may affirm and adopt the findings of the preliminary report, or it may make substitute findings.
2.08 The Division may in exceptional circumstances grant extensions of any time limit in this section on its own initiative or on the request of a party.
2.09 The complainant may request the Secretary of the U. S. Department of Education to review the Division's final report, at the Secretary's discretion. A request for review must be filed with the Secretary, with a copy to the Division, within thirty (30) days of the date of the Division's final report. On request, the Division will promptly provide the complainant with a copy of the preliminary report and final report, and all pertinent exhibits thereto.
2.10 Nothing in this section shall prohibit informal disposition of a complaint by stipulation, mediation, settlement, consent order, or default.

Credits

Adopted Jan. 16, 2011. Amended May 27, 2019; Aug. 10, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.39-2.00, AR ADC 005.28.39-2.00
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