La. Admin. Code tit. 28 § III-1701

Current through Register Vol. 50, No. 8, August 20, 2024

Section III-1701 - Policies, Conciliation, Conference, Hearing, and Review

A. General Policies

1. The purpose of this complaint procedure is to provide an effective and efficient method by which students may resolve their complaints with the commission staff under the jurisdiction of the board;

2. the commission staff shall prepare and provide a copy of the complaint procedure to each licensed school; and

3. each school shall include in either their catalog or enrollment agreement the following:

a. complaints relative to actions of school officials may be made and must be in writing, addressed to the Louisiana Board of Regents, Proprietary Schools Section, Program Administrator, P.O. Box 3677, Baton Rouge, LA 70821-3677, 225/342-4253. Such complaints may be made only after the student has unsuccessfully attempted to resolve the matter with the school by having first filed a written and signed complaint with that school's officials. Any student who wishes to review the student complaint procedure may make a request for a copy of the procedure, in writing, to the Louisiana Board of Regent,

B. Conciliation

1. Any student who believes he/she has been aggrieved by actions of school officials shall first file a written and signed complaint with school officials. School officials must respond with a decision within 10 calendar days of the date of the complaint.

2. No later than one year from date of the last alleged grievance, the student may appeal the decision of the school officials in writing to the commission staff at Louisiana Board of Regents, Program Administrator, Proprietary Schools Section. The student shall submit a copy of the original grievance with their appeal.

3. Copies of this appeal and notice of the complaint will be sent to the school and to the complainant. A copy must also be retained in the commission staff files.

4. Upon receipt of the notice of appeal, commission staff will request that the student and the school meet and discuss the complaint in a conciliation effort or commission staff will independently evaluate the appeal within 10 days after receipt of the notice.

5. If no amicable resolution is achieved via a conciliation effort, either party may request, within seven days, a hearing before the Advisory Commission on Proprietary Schools. Within five working days following a request for a hearing, the commission staff shall send written notice to the parties containing the following:

a. an explanation of the hearing procedures; and

b. the date, time and place for the hearing.

C. Hearing

1. A public hearing shall be held before the commission. The parties shall be given 15 days notice in advance of the hearing, including the time, place and nature of the hearing and a statement of the alleged complaints to be the subject of the hearing.

2. The hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act;

D. Judicial Review. Either party may appeal to the Nineteenth Judicial District in accordance with the Administrative Procedure Act.

La. Admin. Code tit. 28, § III-1701

Promulgated by the Department of Education, Board of Regents, LR 33:1865 (September 2007), Amended by the Board of Regents, Proprietary School Section, LR 441005 (6/1/2018), Amended by the Board of Regents, Proprietary Schools Section, LR 471303 (9/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3140.9.