---
kind: "section"
citation: "34 C.F.R. § 98.7"
title: "34"
number: "98.7"
heading: "Filing a complaint."
url: "https://uscodex.org/cfr/34/98.7"
---

# §98.7. Filing a complaint.

- (a) Only a student or a parent or guardian of a student directly affected by a violation under Section 439 of the Act may file a complaint under this part. The complaint must be submitted in writing to the Office.
- (b) **The complaint filed under paragraph (a) of this section must—**
  - (1) Contain specific allegations of fact giving reasonable cause to believe that a violation of either [§ 98.3](/cfr/34/98.3.md) or [§ 98.4](/cfr/34/98.4.md) exists; and
  - (2) Include evidence of attempted resolution of the complaint at the local level (and at the State level if a State complaint resolution process exists), including the names of local and State officials contacted and significant dates in the attempted resolution process.
- (c) The Office investigates each complaint which the Office receives that meets the requirements of this section to determine whether the recipient or contractor failed to comply with the provisions of [section 439](/cfr/34/439.md) of the Act.

## Notes

### Authority

Authority: Sec. 514(a) of Pub. L. 93-380, 88 Stat. 574 (20 U.S.C. 1232h(a)); sec. 1250 of Pub. L. 95-561, 92 Stat. 2355-2356 (20 U.S.C. 1232h(b)); and sec. 408(a)(1) of Pub. L. 90-247, 88 Stat. 559-560, as amended (20 U.S.C. 1221e-3(a)(1)); sec. 414(a) of Pub. L. 96-88, 93 Stat. 685 (20 U.S.C. 3474(a)), unless otherwise noted.

### Source

Source: 49 FR 35321, Sept. 6, 1984, unless otherwise noted.