Section 160. Complaint resolution procedures

A. A complaint may be filed with the department by any individual or organization and shall address an action that occurred not more than one year prior to the date the complaint is received by the department.

B. A complaint must provide a statement of some disagreement with procedures or process regarding any matter relative to this chapter or other applicable regulations.

C. Upon receipt of a complaint, the department shall initiate an investigation to determine whether the school is in compliance with applicable laws and regulations in accordance with the following procedures:

1. Within seven business days of the receipt of a complaint, the department shall provide written notification to each complainant and the private school. The notification sent to the school shall include:

a. A copy of the complaint;

b. An offer of technical assistance in resolving the complaint;

c. A statement that the school has the opportunity to propose a resolution of the complaint;

d. A request that the school submit within 10 business days of receipt of the letter of notification either:

(1) Written documentation that the complaint has been resolved; or

(2) If the complaint was not resolved, a written response including all requested documentation.

2. The department shall review the complaint and the school's response and determine the need for any further investigation or corrections.

3. The department shall notify appropriate agencies of serious violations.

4. During the course of the investigation, the department shall:

a. Conduct an investigation of the complaint that shall include a complete review of all relevant documentation and may include interviews with appropriate individuals and an independent on-site investigation, if necessary.

b. Consider all facts and issues presented and the applicable requirements specified in this chapter or other applicable regulations.

c. Make a determination of compliance or noncompliance on each issue in the complaint based upon the facts and applicable regulations and notify the parties in writing of the findings and the bases for such findings. The department has 60 calendar days after the written complaint is received to carry out the investigation and to issue a letter of finding. An extension of the 60-calendar-day time limit may occur if exceptional circumstances exist with respect to a particular complaint.

d. Ensure that the final decision is effectively implemented, if needed, through technical assistance activities, negotiations, and corrective actions to achieve compliance.

e. Notify the parties in writing of any needed corrective actions and the specific steps that shall be taken by the school to bring it into compliance with applicable timelines.

D. Parties to the complaint procedures shall have the right to appeal the final decision to the department within 30 calendar days of the issuance of the decision.

E. When the school develops a plan of action to correct the violations, such plan shall include timelines to correct violations not to exceed 30 business days unless circumstances warrant otherwise. The plan of action shall include a description of all proposed changes and shall be subject to approval of the department.

F. If the school does not come into compliance within the period of time set forth in the notification, the department may reduce or revoke the school's license to operate.

Historical Notes

Derived from Volume 31, Issue 24, eff. August 26, 2015.

Statutory Authority

§§ 22.1-16 and 22.1-321 of the Code of Virginia.