LAC 28:CLVII.705. Behavioral Health Service Complaint Procedures

A. Complaint Procedures. The LDOE shall establish written procedures for the purpose of resolving any complaint which is filed by an affected individual alleging that a public school governing authority has violated a requirement of R.S. 17:173 or this Chapter and that meets the requirements herein by providing for the filing of a formal written complaint with the LDOE. B. The written complaint shall include the following information: 1. a statement that a public school governing authority has violated a requirement of R.S. 17:173 or this Chapter; 2. the facts on which the statement is based; 3. the signature and contact information for the complainant; 4. if alleging violations relevant to a specific student, a. the name and address of the residence of the student; b. the name of the school the student is attending; c. in the case of a homeless child or youth, as identified in Section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) available contact information for the student and the name of the school the student is attending; d. a description of the nature of the problem of the student, including facts relating to the problem; and e. a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed. 5. a proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed. C. The complaint shall allege a violation that occurred not more than one year prior to the date that the complaint is received by LDOE. D. Upon receipt of a valid complaint, the LDOE shall review the allegations as submitted and shall provide written notice to the public school governing authority serving the student, including the following: 1. a request for specific information needed by LDOE to conduct its independent investigation of the complaint; 2. reasonable timelines established for providing such information to the LDOE; and 3. a statement of the public school governing authority’s opportunity to respond to the complaint, including the opportunity to provide a proposal to resolve the complaint, at their discretion. E. The LDOE shall provide written notice to the complainant including a statement of the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint. F. The LDOE shall review all relevant information and make an independent determination as to whether the public school governing authority is in violation of R.S. 17:173 or this Chapter and, if such violation is determined, the actions by which the public school governing authority will be required to correct the violation. G. Final Decision. Within 60 days of the LDOE receipt of a complaint, the LDOE shall issue a written decision to the complainant and the public school governing authority that addresses each remaining allegation of the complaint and contains: 1. findings of fact and conclusions; and 2. the reason for the LDOE final decision. H. Time Extension. The LDOE shall permit an extension of the 60-day time limit only if: 1. Exceptional circumstances exist with respect to a particular complaint; or 2. The parent, individual, or organization and the public school governing authority involved agree to extend the time to engage in negotiations or other means of non-adversarial dispute resolution. I. The decision of the LDOE in accordance with this Section is a final decision and is not subject to appeal.