NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06H .0103
Plain English summary
This rule establishes complaint procedures for federal education programs administered by the NC State Board of Education (SBE), allowing any person to file a written complaint alleging violations of federal statutes, federal regulations, or SBE rules by the SBE, an LEA, or a subrecipient. The SBE must issue a final written decision within 60 days of receipt, with a possible extension of up to an additional 60 days under specified conditions. Complainants may also use a subrecipient's own complaint procedure and appeal that decision to the SBE within 30 days.
Key requirements
- The SBE shall receive, review and resolve complaints for which no other procedures or remedies are available by law or contract.
- The complaint shall include the signature of the complainant.
- The complaint shall include the name of the party alleged to have violated a federal statute, federal regulation, or SBE rule.
- The complaint shall include an identification of the federal statute, federal regulation, or SBE rule alleged to have been violated by the party.
- The complaint shall include a detailed description of facts to support the complaint.
- The complaint shall include a description of the relief the complainant is seeking.
- If the complaint involves a subrecipient, the SBE shall send the complaint to that subrecipient.
- The SBE shall review and issue a final written decision for each complete complaint to each party involved within 60 days of receipt.
- The SBE may extend the time for issuing a final written decision up to an additional 60 days if the complainant agrees to an extension or the SBE makes a finding of good cause.
- The final written decision shall include a summary of the relevant and material evidence.
- The final written decision shall include citations to the relevant federal statute(s), federal regulation(s), and SBE rules.
- The final written decision shall include findings of material fact.
- The final written decision shall include conclusions of law regarding each allegation and a summary of the reasons for those conclusions.
- The final written decision shall include an order for any technical assistance, negotiation, or corrective action that must occur and when those actions must be taken.
- If the complainant uses the subgrantee's procedure, the person may appeal the subrecipient's final decision to the within 30 days of receipt.
Affected parties
- State Board of Education (SBE)
- Local Education Agencies (LEAs)
- Subrecipients of federal program funds
- Any person filing a complaint related to federal programs