20 U.S.C. § 7883 — Complaint process for participation of private school children

submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must set up written steps for handling complaints that a school agency broke the private-school equity rules in section 7881. A complaint first goes to the State agency, which must resolve it within 45 days, and either side can then appeal to the Secretary.

(a) Procedures for complaints: The Secretary must write and use formal procedures for taking in, investigating, and resolving complaints from parents, teachers, or other people and groups who say a State educational agency, local educational agency, educational service agency, group of those agencies, or other entity broke the rules in section 7881. The complaint goes first to the State educational agency, which must give a written decision within 45 days. (b) Appeals to Secretary: Anyone with a stake in the outcome can appeal the State's decision to the Secretary, within 30 days after the State resolves the complaint or within 30 days after the 45-day deadline passes without a resolution. The appeal must include a copy of the State's decision and, if the appealing party wants, a full written argument for why the appeal should succeed. The Secretary must investigate and decide the appeal within 90 days of receiving it.

the actual law source: uscode.house.gov ↗public domain

(a) Procedures for complaints

The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 7881 of this title by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational agency within 45 days.

(b) Appeals to Secretary

The resolution may be appealed by an interested party to the Secretary not later than 30 days after the State educational agency resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.

Source credit: (Pub. L. 89–10, title VIII, § 8503, formerly title IX, § 9503, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1977; renumbered title VIII, § 8503, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(5), 8017, Dec. 10, 2015, 129 Stat. 2088, 2089, 2111.)

history & why it existsrecord from the source credit

2002Enacted · Pub. L. 89-10 · 115 Stat. 1977
2015Amended · Pub. L. 114-95 · 129 Stat. 2088, 2089, 2111

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.

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