(a) A private school official may file a complaint with the Division of Elementary and Secondary Education asserting that the local educational agency did not:

1. (1) Engage in consultation that was meaningful and timely;
2. (2) Give due consideration to the views of the private school official; or
3. (3) Make a decision that treats the private school or its students equitably as required by law.

(b)

1. (1) A complaint under this section must be in writing and signed by the complainant, with a copy sent simultaneously to the local educational agency.
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

(c) A complaint must include:

1. (1) A statement that the local education agency 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.

(d)

1. (1) Upon receipt of a complaint meeting the requirements of this section, the division shall appoint an investigating officer.
2. (2) The investigating officer shall request from the local educational agency appropriate documentation.

(f)

1. (1) The complainant may request the United States Secretary of Education to review the division’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 division’s decision or if the division has failed to resolve the complaint within forty-five (45) days.
3. (3) On request, the division will promptly provide the complainant with a copy of all documentation forming the basis for the division’s decision.