Background

Section 117(g) of the Carl Perkins Career and Technical Education Act (the Act), as amended by the Strengthening Career and Technical Education for the 21st Century Act (Public Law 115-224), requires the U.S. Department of Education (Department) to establish, after consultation with tribally controlled postsecondary career and technical institutions, a complaint resolution procedure for grant determinations and calculations made under the Tribally Controlled Postsecondary Career and Technical Institutions program (TCPCTIP) authorized by section 117.

In 2007, the Department developed what it believes is a fair, effective, and efficient complaint resolution procedure that provides a process for resolving complaints regarding grant determinations and grant amount calculations without resulting in inordinate delays in the grant award process. To effectuate the consultation process, in 2007 the Department requested input from the two current TCPCTIP grantees on the procedure, placed the Department’s proposed procedure on the Department’s Website, and made it available to the American Indian Higher Education Consortium. The Department appreciated the input it received during the consultation process and carefully considered the suggestions provided in finalizing its complaint resolution procedure.

Complaint Resolution Procedure

(a) Under the complaint resolution procedure established by the Department pursuant to section 117(g) of the Act, a tribally controlled postsecondary career and technical institution may file a complaint with the Assistant Secretary for Career, Technical, and Adult Education (Assistant Secretary) seeking an administrative review of a grant determination or calculation made under section 117 of the Act regarding any prospective grant award to that institution, including for:

(1) A determination regarding the institution’s eligibility to apply for a grant under section 117 of the Act.

(2) A determination arising from the Indian student count information and data that the institution has provided to the Office of Career, Technical, and Adult Education (OCTAE).

(3) A determination of the allowability of proposed project spending that the institution has identified in its application, including its proposed budget.

(i4) The calculation of the institution’s grant amount.

(b) A section 117(g) complaint requesting administrative review must—

(1) Be submitted in writing and either: (i) mailed to the Assistant Secretary for Career, Technical, and Adult Education, U.S. Department of Education, 400 Maryland Avenue, SW., room PCP-11080, Potomac Center Plaza, Washington, DC 20202–7241; or (ii) emailed to the Assistant Secretary for Career, Technical, and Adult Education at cte@ed.gov, with the subject line: “TCPCTIP complaint,” within ten days of the applicant being notified by OCTAE of the decision in question;

(2) Include a clear and concise statement of the factual and legal basis upon which the complaint is based as well as any calculations supporting the complaint, any supporting documentation or evidence, and a statement of the relief sought, arising from the complaint; and

(3) Be signed by the tribally controlled postsecondary career and technical institution’s authorized official.

(c) During the administrative review of any section 117(g) complaint, OCTAE may request additional information from the institution that has submitted the complaint or conduct other proceedings, as appropriate, for a fair and complete review of the complaint.

(d) The Assistant Secretary will send the complainant a letter of final determination that will include the legal and factual grounds for the Assistant Secretary’s determination.