34 C.F.R. § 222.102

Who may file a complaint about a local educational agency's Indian policies and procedures?

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(a) Only a tribal chairman or an authorized designee for a tribe that has students attending an LEA's schools may file a written complaint with the Assistant Secretary for Elementary and Secondary Education (Assistant Secretary) regarding any action of the LEA pursuant to, or relevant to, section 8004(a) and § 222.94.

(b) If a tribe files a complaint through a designee, the tribe shall acknowledge in writing in the complaint that the designee is authorized to act on its behalf.

(Authority: 20 U.S.C. 7704(e)(1))

Notes of Decisions

Cited in 1 case, 1994–1994 · leading case: Smithville R-Ii Sch. Dist. v. Richard W. Riley, Sec'y of Educ. of the United States of Am., 28 F.3d 55 (8th Cir. 1994).

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Smithville R-Ii Sch. Dist. v. Richard W. Riley, Sec'y of Educ. of the United States of Am., 28 F.3d 55 (8th Cir. 1994). · cites it 3× “[a]t the time of consolidation contained some eligible federal property,” 34 C.F.R. § 222.102 (b)(l)(i) (emphasis added), and presently contains federal property that comprises 10% or more of the assessed property within the district, id.”

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