[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR105.41]

[Page 390]
 
                           TITLE 34--EDUCATION
 
       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
 
PART 105--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 
PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION--Table of 
Contents
 
Sec. 105.41  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs and activities conducted by the Department.
    (b) As provided in Sec. 105.30, the Department shall process 
complaints alleging violations of section 504 with respect to employment 
according to the procedures established by the Equal Employment 
Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of 
the Rehabilitation Act of 1973 (29 U.S.C. 791).
    (c) The Deputy Under Secretary for Management is responsible for 
coordinating implementation of this section. Complaints may be sent to 
the U.S. Department of Education, Office of Management, Federal Building 
No. 6, 400 Maryland Avenue SW., Washington, DC 20202.
    (d) The Department shall accept and investigate all complete 
complaints for which it has jurisdiction. All complete complaints must 
be filed within 180 days of the alleged act of discrimination. The 
Department may extend this time period for good cause.
    (e) If the Department receives a complaint over which it does not 
have jurisdiction, it shall promptly notify the complainant and shall 
make reasonable efforts to refer the complaint to the appropriate 
government entity.
    (f) The Department shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157) is not readily accessible to 
and usable by individuals with handicaps.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the Department shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the Department of the letter required by Sec. 105.41(g). The Department 
may extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the Secretary.
    (j) If the Secretary determines that additional information is 
needed for the complainant, he or she shall notify the complainant of 
the additional information needed to make his or her determination on 
the appeal.
    (k) The Secretary shall notify the complainant of the results of the 
appeal.
    (l) The time limit in paragraph (g) of this section may be extended 
by the Secretary.
    (m) The Secretary may delegate the authority for conducting 
complaint investigations to other Federal agencies, except that the 
authority for making the final determination may not be delegated.