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10.16.3196    OFFICE OF PUBLIC INSTRUCTION DISAPPROVAL OF FEDERAL FUNDS: OPPORTUNITY FOR HEARING

(1) If a local educational agency alleges that the Office of Public Instruction violates a state or federal statute or regulation with regard to the disapproval of, or failure to approve the application or project in whole or in part, or failure to provide federal funds in amounts in accordance with requirements of statutes and regulations, the local educational agency shall request a hearing within 30 days of the receipt of notice of proposed disapproval of funds by the Office of Public Instruction.

(a) The request shall be made in writing by the board of trustees of the local educational agency to the Superintendent of Public Instruction.

(b) The request shall include a statement of the specific allegations of violation of state or federal statute or regulation by the Office of Public Instruction and be signed by the chairperson of the board of trustees.

(2) Within 30 days after receipt of the request, the Office of Public Instruction shall hold a hearing on the record and shall review its action.

(a) At least five days prior to the hearing, the Office of Public Instruction shall make available at reasonable times and places all records of the agency pertaining to the appeal of the local educational agency including records of other local educational agencies.

(3) No later than ten days after the hearings, the Office of Public Instruction shall issue its written decision including findings of fact and reasons for the ruling. The Office of Public Instruction shall send a copy of the written decision and findings of fact and reasons for ruling to the board of trustees of the local educational agency.

(4) If the Office of Public Instruction determines that its action was contrary to state or federal statutes or regulations under IDEA, the Office of Public Instruction shall rescind its action.

(5) If the Office of Public Instruction does not rescind its final action after the hearing procedure is completed, a local educational agency may appeal the decision to the Secretary of the Department of Education. The local educational agency must appeal within 20 days of receipt of the written decision and findings of fact and reason for ruling.

 

 

History: 20-7-402, MCA; IMP, 20-7-403, MCA; NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

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