4.01 A private school official may file a complaint with the Division asserting that the local educational agency did not engage in consultation that was meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school or its students equitably as required by law.

4.02 A complaint under this section must be in writing and signed by the complainant, with a copy sent simultaneously to the local educational agency. Complaints must be filed within thirty (30) days of the action or inaction complained of. Complaints should be mailed to:

4.03 A complaint must include:

4.04 Upon receipt of a complaint meeting the requirements of this section, the Division shall appoint an investigating officer. The investigating officer shall request from the local educational agency appropriate documentation.

4.05 The Division shall issue a written resolution within forty-five (45) days.

4.06 The complainant may request the Secretary of the U. S. Department of Education to review the Division'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 Division's decision or if the Division has failed to resolve the complaint within forty-five (45) days. On request, the Division will promptly provide the complainant with a copy of all documentation forming the basis for the Division decision.

4.07 The timelines contained in this section shall be subject to an additional three (3) days to account for mail processing.