§ 300.136 Compliance.

Plain English summary

This section establishes a complaint mechanism allowing private school officials to report to the SEA when an LEA fails to engage in meaningful and timely consultation or does not give due consideration to the private school's views. If unsatisfied with the SEA's decision, the private school official may escalate the complaint to the Secretary. The LEA and SEA are each required to forward appropriate documentation as complaints move through the process.

Key requirements

• A private school official has the right to submit a complaint to the SEA that the LEA did not engage in consultation that was meaningful and timely.
• A private school official has the right to submit a complaint to the SEA that the LEA did not give due consideration to the views of the private school official.
• If the private school official wishes to submit a complaint, the official must provide to the SEA the basis of the noncompliance by the LEA with the applicable private school provisions in this part.
• The LEA must forward the appropriate documentation to the SEA.
• If the private school official is dissatisfied with the decision of the SEA, the official may submit a complaint to the Secretary by providing the information on noncompliance described in paragraph (b)(1) of this section.
• The SEA must forward the appropriate documentation to the Secretary.

Affected parties

• private school officials
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• Secretary of Education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.136