Sec. 16. (a) If the director is unable to satisfactorily resolve a complaint that the director has determined to have merit under section 15 of this chapter, the director shall notify the board, which shall take jurisdiction of the complaint.
(b) If a complaint is dismissed by the director under section 15 of this chapter, the complainant may file a written appeal with the board within thirty (30) days after the date of dismissal. The board shall then take jurisdiction of the complaint.
(c) During the forty-five (45) days after the board receives notification or appeal under subsection (a) or (b), the director shall not conduct an investigation or take any action, unless requested by the board. When the forty-five (45) day period has elapsed, the board shall make the determination whether:
(1) the complaint should be:
(A) dismissed;
(B) prosecuted; or
(C) investigated further; or
(2) a resolution to the complaint should be negotiated.
If the board determines that further investigation or negotiation is warranted, the board may, at a later date, prosecute or dismiss the complaint.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-16.]
As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.38.
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