Page:United States Statutes at Large Volume 92 Part 2.djvu/1034

 92 STAT. 2314 20 USC 238.

Written complaint.

Hearing.

PUBLIC LAW 95-561—NOV. 1, 1978 "(i) Indian children claimed under section 3(a) participate on an equal basis in the school program with all other children educated by the local educational agency; "(ii) applications, evaluations, and program plans are adequately disseminated to the tribes and parents of Indian children claimed under section 3(a); and "(iii) tribes and parents of Indian children claimed under section 3(a) are— " (I) afforded an opportunity to present their views with respect to the application, including the opportunity to make recommendations concerning the needs of their children and the ways by which they can assist their children in realizing the benefits to be derived from the educational programs assisted under this paragraph; " ( II) actively consulted and involved in the planning and development of programs assisted under this paragraph; and " ( III) afforded a general opportunity to present their overall views on the educational program, including the operation of such programs, and the degree of parental participation allowed. " (C)(i) Any tribe, or its designee, which has students in attendance ^^ ^ local educational agency may file a written complaint with the Commissioner regarding any action of a local educational agency taken pursuant to, or relevant to, the requirements of subparagraph (B) of this paragraph. "(ii) Within ten working days from receipt of the complaint, the Commissioner 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 Commissioner 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 affectedtribe or tribes, "(iii) The hearing shall be held within thirty 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. "(iv) 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 proceeding. "(v) Within thirty 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 actions (if any) which should be taken. The hearing examiner's findings and recommendations, along with the hearing record, shall be forwarded to the Commissioner. "(vi) Within thirty days of his receipt of the findings, recommendations, and record, the Commissioner shall, on the basis of the record, make a written determination of the appropriate remedial action, if

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