4 AAC 06.888 - Informal review of complaints

(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.

Notes

4 AAC 06.888

Eff. 9/1/2006, Register 179; am 10/20/2018,Register 228, January 2019

Authority:AS 14.03.123

AS 14.07.020

AS 14.07.060

AS 14.50.080