Section 4 AAC 52.500 - Administrative complaint procedure(a) An organization or parent or other individual may file with the department an administrative complaint alleging that a district or other public agency has violated a requirement of AS 14.30.180-14.30.350, this chapter, 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), or a regulation adopted under 20 U.S.C. 1400 - 1482. However, only a parent may file a complaint alleging that a district has failed to implement a due process hearing decision issued under AS 14.30.193. The violation alleged in the administrative complaint must have occurred not more than one year before the date that the administrative complaint is received by the department. An administrative complaint may allege a systemic violation, a violation of the rights of a specific child, or both. A separate administrative complaint must be filed for each specific child whose specific rights are at issue. The department may consolidate two or more related administrative complaints for purposes of investigation, but will issue separate decisions if necessary to preserve confidentiality.(b) An administrative complaint filed under (a) of this section must be in writing, signed by the complainant, and dated. It must be sent to the department, division of teaching and learning support, and, at the same time, to the respondent and the district that provides services to the child who is the subject of the administrative complaint. It must include the following information:(1) the name, address, and telephone number of the complainant, and, if applicable, of the person filing the administrative complaint on the complainant's behalf;(2) a statement alleging that a district or other public agency has violated a requirement of one or more of the laws listed in (a) of this section;(3) a statement of the facts that form the basis for the alleged violation of law;(4) the name of the district or other public agency listed in the statement made under (2) of this subsection. The department will consider the district or other public agency named as the respondent to the complaint;(5) the date of each alleged violation or, in the case of an alleged continuing or systemic violation, the date that the first alleged violation took place and the history of the alleged violation up to the date of the complaint;(6) if the complaint concerns an alleged violation of the rights of a specific child,(A) the name, residence address, and telephone number of the child or, in the case of a homeless child or youth within the meaning of 42 U.S.C. 11434 a(2) (McKinney-Vento Homeless Assistance Act), available contact information for the child;(B) the name of the school that the child is attending;(C) a description of the nature of the problem of the child, including facts relating to the problem; and(D) a proposed resolution of the problem to the extent known and available to the complainant at the time the complaint is filed.(c) If the department receives a communication that appears to be intended to be an administrative complaint under this section, the department will determine whether the department may accept the complaint as submitted as meeting the procedural requirements of this section. The department will notify the complainant if the complaint does not meet those requirements, and will inform the complainant of the procedural deficiencies of the complaint. If the department accepts the complaint as meeting the procedural requirements of this section, the department will (1) assist the complainant to clarify the allegations in the complaint, and give the complainant the opportunity to submit additional information; and(2) advise the complainant and the respondent of the opportunity to resolve the issues in a non-adversarial manner, including an opportunity for the (A) respondent to offer a proposal to resolve the complaint; and(B) complainant and respondent to voluntarily resolve the complaint thorough mediation under 4 AAC 52.490.(d) The department will conduct an independent investigation of an unresolved administrative complaint. The investigation may include (1) interviews of the complainant and respondent, including their employees, if any;(2) a review of relevant documentation as determined by the department; and(3) an on-site investigation.(e) Unless the complainant and the respondent resolve the allegations identified in the administrative complaint, within 60 days after a complaint was accepted under (c) of this section, the department will issue to the complainant and respondent a written decision. The department will extend the 60-day period if it determines that exceptional circumstances exist, or if the complainant and the respondent have agreed to mediate the dispute under 4 AAC 52.490. The department will document the reasons for extending the 60-day period. The decision issued by the department will include (1) a summary of the administrative complaint;(2) a summary of the investigation;(4) conclusions that address each allegation in the administrative complaint, including the reasons for the decision; and(5) if a violation has been found, an order requiring cessation and remediation of the violation; under this paragraph, "remediation" may include compensatory education, monetary reimbursement, or corrective action, including corrective action and future provision of services for a systemic violation discovered in the investigation of a complaint regarding a specific child.(f) If the department issues an order under (e)(5) of this section, the department will require the district or other public agency to document that it has complied with the order.(g) If an administrative complaint contains allegations that are the subject of a pending due process hearing under AS 14.30.193 or 4 AAC 52.550, the department will set aside any part of the administrative complaint that is being addressed in the due process hearing, until the conclusion of that hearing. An allegation that is not the subject of a due process hearing will be resolved within the time limit and under the procedures specified in this section. If an issue raised in an administrative complaint has previously been decided in a due process hearing involving the same complainant and respondent, the department will inform the complainant that that hearing decision is binding on that issue, and will not investigate that issue.(h) A decision in an administrative complaint regarding an issue that may be considered in a due process hearing under AS 14.30.193 or 4 AAC 52.550 is not a final decision and the nonprevailing complainant or respondent may request a due process hearing on that issue. If the issue may not be considered in a due process hearing, then the decision on the administrative compliant on that issue is a final decision of the department, which may be appealed to the superior court under the Alaska Rules of Appellate Procedure.Eff. 7/1/83, Register 86; am 11/26/93, Register 128; am 12/2/2000, Register 156; am 8/22/2001, Register 159; am 3/31/2002, Register 161; am 9/23/2007, Register 183The address for filing a complaint under 4 AAC 52.500 is Department of Education and Early Development, Division of Teaching and Learning Support, 801 W. 10th Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.
As of Register 181 (April 2007), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 4 AAC 52.500(c) (8).
Authority:AS 14.07.060
AS 14.30.180
AS 14.30.335