(a) A person may
file a complaint with the department alleging that the school district or the
department has failed to comply with the requirements of the federal programs
under
20 U.S.C.
6301-
7981 (Elementary and
Secondary Education Act, as amended by the Event Student Succeeds Act),
(Elementary and Secondary Education Act),
42 U.S.C.
11431-
11434A, (Mc
Kinney-Vento Homeless Assistance Act) AS 14.03.123, or 4 AAC 06.800 - 4 AAC
06.899, and seeking informal review under this section of those allegations.
For a complaint to be reviewed, it must include
(1) a statement describing the provision of
law that the school district or department has allegedly violated;
(2) a statement of the facts that the
complainant alleges establish the violation;
(3) the name and address of the complainant;
and
(4) documentation that shows
that the complainant first presented the complaint to the school district, if
the complaint alleges that the school district committed the
violation.
(b) Within
five days after receiving a complaint, the department will assign an
investigator to conduct an informal review of the complaint. The investigator
must be an employee of the department, may not have taken part in the action
that is the subject matter of the complaint, and may not have a personal or
financial interest in the subject matter of the complaint. In reviewing the
complaint, the investigator may interview the complainant or employees of the
respondent, and may request information and documents from the complainant or
respondent that the investigator considers necessary for a complete
review.
(c) Within 60 days after
the date that the department assigned the investigator, the investigator shall
submit, to the commissioner, complainant, and respondent, a written statement
that
(1) the complainant did not provide
complete information for the investigator to review, that the commissioner need
not respond to the complaint, and that the investigator's recommendation does
not bar the
(A) commissioner from taking
additional action based on the information already received; or
(B) complainant from either submitting a new
complaint with the additional necessary information or pursuing remedies
available under state or federal law;
(2) the complainant's allegations, even if
true, do not establish a violation of
20 U.S.C.
6301-
7981,
42
U.S.C. 11431 - 11434A. AS 14.03.123, or 4 AAC 06.800 - 4 AAC 06.899, that the
commissioner need not respond to the complaint, and that the investigator's
recommendation does not bar the
(A)
commissioner from rejecting the investigator's recommendation and taking
additional action; or
(B)
complainant from pursuing remedies available under state or federal law;
or
(3) a violation of
20 U.S.C.
6301-
7981,
42
tl.S.C. 114.11- 11434A., AS 14.03.123, or 4 AAC 06.800 - 4 AAC 06.899 is likely
to have occurred, based on the information made available to the investigator,
that if the respondent does not correct or stop the violation, the department
may take additional action under state law, including the initiation of
procedures to withhold funding under
20 U.S.C.
6301-
7981 or AS 14.07.070
if the respondent is a school district, and that the investigator's
recommendation does not bar the
(A)
commissioner from rejecting or declining to act upon the investigator's
recommendation; or
(B) complainant
from pursuing remedies available under state or federal law.
