---
kind: "range"
citation: "34 C.F.R. §§ 299.13–299.16"
title: "34"
from: "299.13"
to: "299.16"
count: 4
url: "https://uscodex.org/cfr/34/299.13..299.16"
---

# §299.13. What complaint procedures shall an SEA adopt?

- (a) **General.** An SEA shall adopt written procedures, consistent with State law, for—
  - (1) Receiving and resolving any complaint from an organization or individual that the SEA or an agency or consortium of agencies is violating a Federal statute or regulation that applies to an applicable program listed in [paragraph (b)](#b) of this section;
  - (2) Reviewing an appeal from a decision of an agency or consortium of agencies with respect to a complaint; and
  - (3) Conducting an independent on-site investigation of a complaint if the SEA determines that an on-site investigation is necessary.
- (b) **Applicable programs.** This subpart is applicable to the following programs:
  - (1) **Part A of title I (Improving Basic Programs Operated by Local Educational Agencies).**
  - (2) **Part C of title I (Education of Migratory Children).**
  - (3) Part D of title I (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk).
  - (4) **Part A of title II (Supporting Effective Instruction).**
  - (5) Part A, [subpart 1](/cfr/34/subpart1.md) of title III (English Language Acquisition, Language Enhancement, and Academic Achievement), except for [section 3112](/cfr/34/3112.md).
  - (6) **Part A of title IV (Student Support and Academic Enrichment Grants).**
  - (7) **Part B of title IV (21st Century Community Learning Centers).**
  - (8) **Part B, subpart 2 of title V (Rural and Low-Income School Program).**
  - (9) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, Education for Homeless Children and Youth Program.

# §299.14. What items are included in the complaint procedures?


An SEA shall include the following in its complaint procedures:

- (a)
  - (1) Except as provided in [paragraph (a)(2)](#a-2) of this section, a reasonable time limit after the SEA receives a complaint for resolving the complaint in writing, including a provision for carrying out an independent on-site investigation, if necessary.
  - (2) In matters involving violations of section [1117](/cfr/34/1117.md) or [8501](/cfr/34/8501.md) of the ESEA (participation of private school children), an SEA must resolve, in writing, a complaint within 45 days after receiving the complaint.
- (b) An extension of the time limit under [paragraph (a)(1)](#a-1) of this section only if exceptional circumstances exist with respect to a particular complaint.
- (c)
  - (1) The right for the complainant to request the Secretary to review the final decision of the SEA, at the Secretary's discretion.
  - (2) In matters involving violations of section [1117](/cfr/34/1117.md) or [8501](/cfr/34/8501.md) of the ESEA (participation of private school children), the Secretary will follow the procedures in [section 8503(b)](/cfr/34/8503.md?p=b) of the ESEA.
- (d) A requirement for LEAs to disseminate, free of charge, adequate information about the complaint procedures to parents of students, and appropriate private school officials or representatives.

# §299.15. How does an organization or individual file a complaint?


An organization or individual may file a written signed complaint with an SEA. The complaint must be in writing and signed by the complainant, and include—

- (a) A statement that the SEA or an agency or consortium of agencies has violated a requirement of a Federal statute or regulation that applies to an applicable program; and
- (b) **The facts on which the statement is based and the specific requirement allegedly violated.**

# §299.16. What must an SEA include in its written resolution of a complaint?


An SEA must include the following in its written resolution of a complaint under an applicable program:

- (a) **A description of applicable statutory and regulatory requirements.**
- (b) **A description of the procedural history of the complaint.**
- (c) Findings of fact supported by citation, including page numbers, to supporting documents under [paragraph (h)](#h) of this section.
- (d) **Analysis and conclusions regarding the requirements.**
- (e) **Corrective actions, if applicable.**
- (f) **A statement of applicable appeal rights.**
- (g) A statement regarding the State's determination about whether it will provide services.
- (h) **All documents the SEA relied on in reaching its decision, paginated consecutively.**