(a)

1. (1) Complaints against the State Board of Education and/or Division of Elementary and Secondary Education may be made in a statement signed by the complainant.
2. (2) Complaints must be filed within thirty (30) days of the action or inaction complained of.
3. (3) Complaints should be mailed to: Division of Elementary and Secondary Education Assistant Commissioner for Public School Accountability Four Capitol Mall, Mailbox 19 Little Rock, AR 72201

(b) A complaint must include:

1. (1) A statement that the state board and/or division has violated a requirement of an applicable federal statute or regulation;
2. (2) The facts on which the statement is based and the specific requirement allegedly violated; and
3. (3) All relevant documentary or other evidence supporting the allegation.

(c)

1. (1) Within ten (10) days of receipt of a complaint meeting the requirements of this section, the Commissioner of Elementary and Secondary Education shall appoint an investigating officer to adjudicate the complaint.
2. (2) The investigating officer shall promptly issue a briefing schedule setting time limits for the submission of briefs, affidavits, declarations, exhibits, or other documents by the parties.
3. (3) Upon the request of any party, the investigating officer shall set a hearing date within sixty (60) days of the request.

(d) The investigating officer shall conduct himself or herself in an impartial manner and shall have power to:

1. (1) Maintain order to rule upon all questions arising during the course of the complaint resolution process;
2. (2) To hold conferences for the settlement, clarification, or simplification of issues; and
3. (3) To regulate and guide the course of the complaint resolution process.

(e) The investigating officer shall conduct the complaint resolution process in such a manner as to preserve privileges and protect privacy rights, consistent with:

1. (1) The Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g;
2. (2) The Arkansas Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.; and
3. (3) Any other relevant federal or state law or rule.

(f)

1. (1) All testimony, whether written or oral, shall be given under oath.
2. (2) Any hearing shall be stenographically recorded at the division’s expense by a certified court reporter who shall administer oaths to every witness.
3. (3) Every party shall have the right to appear in person or by counsel.

(g)

1. (1) Travel and other expenses incurred by the investigating officer shall be reimbursed from appropriate federal program funds at the rate allowed for employees of the State of Arkansas.
2. (2) At the option of the division, a prenegotiated per diem may be paid in lieu of expenses to persons who are not employed by the State of Arkansas.

(h)

1. (1) Within sixty (60) days of the receipt of the complaint, or of the date of the hearing, whichever is later, the investigating officer shall issue a written decision which shall include findings of fact and conclusions of law separately stated addressing every issue raised in the complaint.
2. (2) Copies of the decision shall be served on the complainant and the division either personally or by mail.

(i) The investigating officer may in exceptional circumstances grant extensions of any time limit in this section on:

1. (1) His or her own initiative; or
2. (2) The request of a party.

(j)

1. (1) The complainant may request the United States Secretary of Education to review the investigating officer’s decision, at the United States Secretary of Education’s discretion.
2. (2) A request for review must be filed with the United States Secretary of Education, with a copy to the division, within thirty (30) days of the complainant’s receipt of the investigating officer’s decision.

3. (3) On request, the division will promptly provide the complainant with a copy of:

   1. (A) The hearing transcript; and
   2. (B) All exhibits introduced into evidence at the hearing.

(k) Nothing in this section shall prohibit informal disposition of a complaint by:

1. (1) Stipulation;
2. (2) Mediation;
3. (3) Settlement;
4. (4) Consent order; or
5. (5) Default.