GroundRules
34 CFR 222.104: When does the Assistant Secretary consider a complaint received?
Where this section sits in the code
- Title 34—Education
- Subtitle B—Regulations of the Offices of the Department of Education
- CHAPTER II—OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
- PART 222—IMPACT AID PROGRAMS
- Subpart G—Special Provisions for Local Educational Agencies That Claim Children Residing on Indian Lands
(a) The Assistant Secretary considers a complaint to have been received only after the Assistant Secretary determines that the complaint—
(1) Satisfies the requirements in §§ 222.102 and 222.103; and
(2) Is in writing and signed by the tribal chairman or the tribe's authorized designee.
(b) If the Assistant Secretary determines that a complaint fails to meet the requirements in §§ 222.102-222.103, the Assistant Secretary notifies the tribe or its designee in writing that the complaint has been dismissed for purposes of invoking the hearing procedures in §§ 222.102-222.113.
(c) Any notification that a complaint has been dismissed includes the reasons why the Assistant Secretary determined that the complaint did not meet the requirements in §§ 222.102 and 222.103.
(d) Notification that a complaint has been dismissed does not preclude other efforts to investigate or resolve the issues raised in the complaint, including the filing of an amended complaint.
Collected 2026-08-27T02:25:40Z. Source file · JSON