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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 210. State Department of Education |
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Chapter 15. Curriculum and Instruction |
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Subchapter 29. Elementary and Secondary Education Act (ESEA) Federal Programs |
SECTION 210:15-29-2. Education Division General Administrative Regulations (EDGAR)
Latest version.
- (a) Hearing Issues. A school district or public agency may request a hearing if it alleges that the Department violated a federal statute or regulation by:(1) Terminating further assistance for an approved project;(2) Ordering the repayment of misspent or misapplied federal funds;(3) Disapproving or failing to approve the application or project in whole or in part;(4) Failing to provide funds in amounts in accordance with the requirements of statutes and regulations; or(5) Not approving the school district's or public agency's proposal for funding.(b) Hearing Appeals Panel. When a school district or public agency requests a hearing, the Superintendent of Public Instruction shall select a three-member hearing panel from the members of the Department's Leadership Team other than those within the same division as the federal program area under which the appeal rose.(c) Hearing Procedures.(1) An applicant must request a hearing by notifying the State Superintendent by certified mail of its decision to appeal. If the applicant is or represents a school district, authorization to seek a hearing must come from the school board of that school district.(2) The request for hearing must set forth the nature of the complaint and the facts on which the complaint is based.(3) The applicant shall request a hearing within thirty (30) calendar days of the date the final action notice is sent by the Department.(4) A hearing shall be scheduled before the hearing appeals panel within thirty (30) calendar days from the receipt of the appeal request.(5) The hearing appeals panel chair shall give at least ten (10) days' notice of the hearing date to the complainant.(6) The applicant and the Department may submit written materials to the hearing appeals panel no later than five (5) days prior to the hearing, such materials to consist of three (3) copies.(7) All appeal hearings shall be recorded.(8) At the hearing the parties may present evidence in writing and through witnesses and may be represented by counsel.(9) The length and order of the presentation may be determined by the hearing appeals panel chair.(10) If the applicant or authorized representative fails to appear at the designated time, place, and date of the hearing, the appeal shall be considered closed and the process terminated.(d) Decision. No later than ten (10) calendar days after the hearing, the hearing appeals panel shall issue its written ruling to the applicant, including findings of fact and reasons for the ruling.(e) Appeal. If the hearing appeals panel does not rescind the Department's action, the applicant may appeal to the U.S. Department of Education. The applicant shall file a notice of appeal with the U.S. Department of Education within twenty (20) calendar days after the applicant has been notified by certified mail of the hearing appeals panel's decision.(f) A copy of the hearing tape will be provided to an applicant who is appealing.