Page:United States Statutes at Large Volume 108 Part 5.djvu/270

 108 STAT. 3760 PUBLIC LAW 103-382—OCT. 20, 1994 to be appropriate, after affording the affected local educational agency, parents, and Indian tribe an opportunity to present their views. "(e) COMPLAINTS.— "(1) IN GENERAL. — (A) Any tribe, or its designee, which has students in attendance at a local educational agency may, in its discretion and without regard to the requirements of any other provision of law, file a written complaint with the Secretary regarding any action of a local educational agency taken pursuant to, or relevant to, the requirements of this section. "(B) Within ten working days from receipt of a complaint, the Secretary shall— "(i) designate a time and place for a hearing into the matters relating to the complaint at a location in close proximity to the local educational agency involved, or if the Secretary determines there is good cause, at some other location convenient to both the tribe, or its designee, and the local educational agency; "(ii) designate a hearing examiner to conduct the hearing; and "(iii) notify the affected tribe or tribes and the local educational agency involved of the time, place, and nature of the hearing and send copies of the complaint to the local educational agency and the affected tribe or tribes. "(2) HEARING.— The hearing shall be held within 30 days of the designation of a hearing examiner and shall be open to the public. A record of the proceedings shall be established and maintained. " (3) EVIDENCE; RECOMMENDATIONS; COST.— The complaining tribe, or its designee, and the local educational agency shall be entitled to present evidence on matters relevant to the complaint and to make recommendations concerning the appropriate remedial actions. Each party to the hearing shall bear only its own costs in the proceedings. "(4) FINDINGS AND RECOMMENDATIONS. —Within 30 days of the completion of the hearing, the hearing examiner shall, on the basis of the record, make written findings of fact and recommendations concerning appropriate remedial action, if any, which should be taken. The hearing examiner's findings and recommendations, along with the hearing record, shall be forwarded to the Secretary. "(5) WRITTEN DETERMINATION.—Within 30 days of the Secretary's receipt of the findings, recommendations, and record, the Secretary shall, on the basis of the record, make a written determination of the appropriate remedial action, if any, to be taken by the local educational agency, the schedule for completion of the remedial action, and the reasons for the Secretary's decision. "(6) COPIES PROVIDED.— Upon completion of the Secretary's final determination, the Secretary shall provide the complaining tribe, or its designee, and the local educational agency with copies of the hearing record, the hearing examinees findings and recommendations, and the Secretary's final determination. The final determination of the Secretary shall be subject to judicial review.

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