Kentucky Administrative Regulations › Title 704 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF LEARNING PROGRAMS DEVELOPMENT › Chapter 3 - Office of Instruction › Section 704 KAR 3:365 - Complaint procedures for programs under the Elementary and Secondary Education Act of 1965

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				156.010,
				156.035,
				20 U.S.C.
				6320,
				20
				U.S.C. 7844,
				20
				U.S.C. 7883
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation establishes complaint procedures pursuant to Sections 1117, 8304,
				and 8503 of the Elementary and Secondary Education Act of 1965 (ESEA) as
				amended by the Every Student Succeeds Act. Section 8304 of ESEA requires the
				Kentucky Department of Education (department) to adopt written procedures for
				the receipt and resolution of complaints alleging violations of law in the
				administration of programs under ESEA. Sections 1117 and 8503 of ESEA require
				the department to resolve complaints related to equitable services to nonpublic
				school children.
Section 1. Complaints
			 Against a Local Education Agency.
(1)
			 Complaints related to equitable services to nonpublic school children shall be
			 governed by Section 3 of this administrative regulation.
(2) Complaints originating at the local level
			 alleging a violation by a local education agency (LEA) of a federal statute or
			 regulation that applies to a program under ESEA shall be decided by the
			 department only after such complaints have been filed and heard at the local
			 level in accordance with local education agency policy.
(3) A complaint not resolved at the local
			 level may be submitted to the department by mail at the following address:
			 Kentucky Department of Education, c/o ESEA Complaints, 300 Sower Boulevard -
			 5th Floor, Frankfort, Kentucky 40601.
(4) Complaints mailed to the department shall
			 be in the form of a written, signed statement that includes:
(a) A statement that a requirement that
			 applies to an ESEA program has been violated by the LEA;
(b) The facts on which the statement is
			 based, a description of the nature of the problem, and the specific
			 requirement(s) allegedly violated by the LEA;
(c) A signature and contact information for
			 the complainant; and
(d) A
			 potential resolution of the problem to the extent it is known and available to
			 the complainant at the time of the filing.
(5) Upon receipt of a complaint, the
			 department shall carry out an investigation if necessary. During the
			 investigation period:
(a) The complainant and
			 the LEA shall each have an opportunity to submit additional information about
			 any allegation in the complaint;
(b) The LEA shall have an opportunity to
			 respond to the complaint, including making a proposal to resolve such amicably;
			 and
(c) Any on-site investigation,
			 if deemed necessary by the department, shall be made following adequate advance
			 notice to the parties involved and may include the gathering of information
			 through:
1. Direct observation;
2. Interviews; or
3. Examination of records.
(6) Within forty-five
			 (45) days of receiving a complaint, the department shall issue a written
			 decision for each allegation in the complaint. If exceptional circumstances
			 exist with respect to a particular complaint, an extension of the time limit
			 may be granted by the department.
(7) The complainant or LEA shall have a right
			 to request the Commissioner, or his designee, reconsider the written decision
			 in subsection (6). To initiate reconsideration, the complainant or LEA shall
			 send, by certified mail to the department, a written request within fifteen
			 (15) days of the issuance of the department's decision in subsection
			 (6).
(8) Following the receipt of a
			 request pursuant to subsection (7), the Commissioner, or his designee, shall
			 reconsider the department's decision in subsection (6) and shall issue a final
			 written decision for each allegation in the complaint within thirty (30)
			 days.
(9) Following the final
			 determination on a complaint, the LEA shall take any required corrective
			 action. To ensure compliance, the department may use one (1) or more of the
			 following methods:
(a) A corrective action
			 plan for the LEA;
(b) Follow-up
			 visits by department staff to determine whether the LEA is taking the required
			 corrective action;
(c) Repayment of
			 previously dispersed funds or withholding of future funds; or
(d) To the extent permissible under ESEA and
			 other applicable laws and regulations, any corrective action necessary to
			 ensure compliance.