8 Va. Admin. Code § 20-671-160 - 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.
a. The notification sent to the school shall
include:
(1) A copy of the
complaint;
(2) An offer of
technical assistance in resolving the complaint;
(3) A statement that the school has the
opportunity to propose a resolution of the complaint;
(4) A request that the school submit within
10 business days of receipt of the letter of notification either:
(a) Written documentation that the complaint
has been resolved; or
(b) 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.
Notes
Statutory Authority: §§ 22.1-16 and 22.1-321 of the Code of Virginia.
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