[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR105.41]



[Page 408]

 

                           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.