Louisiana Administrative Code
Title 28 - EDUCATION
Part LXI - Bulletin 1573-Complaint Management Procedures
Chapter 3 - General Provisions
Section LXI-303 - Minimum State Complaint Procedures
Universal Citation: LA Admin Code LXI-303
Current through Register Vol. 50, No. 9, September 20, 2024
A. Time Limit; Minimum Procedures. Each SEA shall include in its complaint procedures a time limit of 60 days after a complaint is filed under §300. 660(a) to:
1. carry out an independent
on-site investigation, if the SEA determines that an investigation is
necessary;
2. give the complainant
the opportunity to submit additional information, either orally or in writing
about the allegations in the complaint;
3. review all relevant information and make
an independent determination as to whether the public agency is violating a
requirement of Part B of the Act or of this Part; and
4. issue a written decision to the
complainant that addresses each allegation in the complaint and contains:
a. findings of fact and conclusions;
and
b. the reasons for the SEA's
final decision.
B. Time Extension; Final Decision; Implementation. The SEA's procedures described in Subsection A of this Section also must:
1. permit an extension of the time
limit under Subclause (a) of this Section only if exceptional circumstances
exist with respect to a particular complaint; and
2. include procedures for effective
implementation of the SEA's final decision, if needed, including:
a. technical assistance activities;
b. negotiations; and
c. corrective actions to achieve
compliance.
C. Complaints and Due Process Hearings Filed under This Section.
1. If a written complaint
is received that is also the subject of a due process hearing under §300.507 or
& §300. 520-300.528, or contains multiple issues, of which one or more are
part of that hearing, the state must set aside any part of the complaint that
is being addressed in the due process hearing, until the conclusion of the
hearing. However, any issue in the complaint that is not a part of the due
process action must be resolved using the time limit and procedures described
in Subclause (a) and (b) of this Section.
2. If an issue is raised in a complaint filed
under this section that has previously been decided in a due process hearing
involving the same parties:
a. the hearing
decision is binding; and
b. the SEA
must inform the complainant to that effect.
3. A complaint alleging a public agency's
failure to implement a due process decision must be resolved by the
SEA.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.
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