LAC 28:CLIII.1519. Appeals Process

A. The following decisions of the program administrator may be appealed: 1. denial of a school or service provider application to participate; 2. suspension or termination of a participating school or service provider from the LA GATOR Program; 3. restriction of the ability of a participating school or service provider to serve additional students; 4. denial of an account holder’s application to participate in the LA GATOR Program; 5. determinations regarding the use of funds by account holders; or 6. suspension, termination, or removal of a participating student from the LA GATOR Program. B. All appeals shall be filed pursuant to the following process: 1. The appeal shall be submitted to the LDOE on the form provided by the LDOE within ten business days of notice of the decision being appealed. Date of submission shall be determined as three days from the date of postmark for a mailed submission or as the business day on which an electronic submission is received. 2. Notice of receipt of the appeal shall be provided electronically and via first-class USPS mail and shall be deemed to be received three business days after the date of postmark. 3. The appeal shall be reviewed by the LDOE, and a decision shall be issued within 45 calendar days of receipt of the appeal. 4. The appellant shall be notified of the LDOE decision electronically and via first-class USPS mail. Such notice shall be deemed received three business days after the date of postmark. C. If the deadline to submit an appeal falls on a weekend or state holiday, the appeal shall be considered submitted in a timely manner if it is received by the next business day after the weekend or state holiday. An appeal not submitted in a timely manner shall be denied. D. A nonpublic school or service provider may apply for reinstatement if it returns to compliance with §1515 or 1517 of this Chapter, as applicable. 1. The LDOE shall determine whether the nonpublic school or service provider is not in compliance with these rules and issue a formal notice of its determination to the nonpublic school or service provider. 2. A nonpublic school or service provider applying for reinstatement under this Section shall provide documentation to the LDOE of the nonpublic school’s efforts to come back into compliance with these rules. Upon receipt of the evidence, the LDOE shall issue a decision regarding the nonpublic school’s reinstatement in writing to the nonpublic school.