005.28.39-3.00. Complaints Against the Arkansas State Board of Education or Division of Element...
AR ADC 005.28.39-3.00Arkansas Administrative CodeEffective: August 10, 2020
Effective: August 10, 2020
Ark. Admin. Code 005.28.39-3.00
Formerly cited as AR ADC 005.19.13-3.00
005.28.39-3.00. Complaints Against the Arkansas State Board of Education or Division of Elementary and Secondary Education
Division of Elementary and Secondary Education
Assistant Commissioner for Public School Accountability
Four Capitol Mall, Mailbox 19
Little Rock, AR 72201
3.03 Within ten (10) days of receipt of a complaint meeting the requirements of this section, the Commissioner of Education shall appoint an investigating officer to adjudicate the complaint. The investigating officer shall promptly issue a briefing schedule setting time limits for the submission of briefs, affidavits, declarations, exhibits, or other documents by the parties. Upon the request of any party, the investigating officer shall set a hearing date within sixty (60) days of the request.
3.04 The investigating officer shall conduct him- or herself in an impartial manner and shall have power to maintain order to rule upon all questions arising during the course of the complaint resolution process; to hold conferences for the settlement, clarification, or simplification of issues; and to regulate and guide the course of the complaint resolution process.
3.05 The investigating officer shall conduct the complaint resolution process in such a manner as to preserve privileges and protect privacy rights, consistent with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq.; and any other relevant federal or state law or regulation.
3.07 Travel and other expenses incurred by the investigating officer shall be reimbursed from appropriate federal program funds at the rate allowed for employees of the State of Arkansas. At the option of the Division, a pre-negotiated per diem may be paid in lieu of expenses to persons who are not employed by the State of Arkansas.
3.08 Within sixty (60) days of the receipt of the complaint, or of the date of the hearing, whichever is later, the investigating officer shall issue a written decision which shall include findings of fact and conclusions of law separately stated addressing every issue raised in the complaint. Copies of the decision shall be served on the complainant and the Division either personally or by mail.
3.10 The complainant may request the Secretary of the U. S. Department of Education to review the investigating officer's decision, 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 complainant's receipt of the investigating officer's decision. On request, the Division will promptly provide the complainant with a copy of the hearing transcript and all exhibits introduced into evidence at the hearing.
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 005.28.39-3.00, AR ADC 005.28.39-3.00
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