No Child Left Behind
Written Complaint and Appeal Procedures
For Title I, Parts A, C, and D
Or Section 100.2(ee) of
Commissioner's Regulations
Regarding Academic Intervention Services
As required by Title IX,
General Provisions of the Elementary and Secondary Education Act (ESEA), the
New York State Education Department (NYSED) has adopted the following
procedures for receiving and resolving complaints and for reviewing appeals
from decisions of local educational agencies (LEAs). Complaints
concerning violations of ESEA Title I, Parts A, C, and D, or of the General
Education Provisions Act; or of Section 100.2(ee) Academic
Intervention Services of the Regulations of the Commissioner are covered by
these procedures.
LEAs must disseminate free of charge, adequate information
about the State Complaint and Appeal Procedures to parents of students, and
appropriate private school officials or representatives. [General Provisions
Regulations, 34 CFR Sections 299.10-299.12]
Procedures for Filing
Complaints/Appeals with a LEA:
Who may submit a complaint?
Any public or nonpublic
school parent or teacher, other interested person, or agency may file a
complaint.
What must a complaint
contain?
All complaints must:
- be written;
- be signed by the person or agency representative filing the
complaint;
specify
the requirement of law or regulation being violated and the related issue, problem,
and/or the concern;
- contain information/evidence supporting the complaint; and
- state the nature of the corrective
action desired.
What must an appeal from a LEA's response contain?
An appeal must contain:
- a copy of the original signed
complaint (see I-B);
- a copy of the LEA's response to
the original complaint or a statement that the LEA failed to respond in 30
business days.
In New York City or rest of
State outside of New York City, a copy of the LEA and the Department of
Education's response to the original complaint or a statement that the
Department of Education failed to respond within 30 business days; and a
statement identifying those parts of the LEA's
response which the party wishes to appeal.
Where should a complain/appeal to the LEA be sent?
Complaints/appeals regarding
the LEA's administration and implementation of its
ESEA Title I Grant or Academic Intervention Services for students identified
under Commissioner's Regulations Part 100 should be sent first to the School
Superintendent of the LEA against whom the complaint is made. The LEA has a 30
business day period in which to resolve a complaint.
In
For rest of State outside of
Procedures for Filing
Complaints/Appeals with the New York State Education Department
The State Education
Department will review complaints when the complaint pertains to:
- the State’s administration of the
ESEA Title I Basic Grant, Migrant Education, or Neglected or Delinquent
Program;
- an appeal from the decision of an
LEA regarding an action by the LEA.
Complaints that do not meet
any of the above criteria, including complaints concerning the LEA's administration of its Title I Program, will be
referred for possible resolution to the LEA against whom the complaint is made.
What timelines pertain to the
State Education Department's review of complaints/appeals from an LEA action?
Within 60 business days of
the receipt of the complaint/appeal, Department staff will complete an on-site
review (if necessary) and/or records examination and will notify all parties of
its findings. An extension of the 60-day complaint resolution period is
permitted under CFR Part 299.11 (b), for exceptional circumstances.
Where shall complaints or
appeals to the State Education Department be sent?
Complaints/appeals regarding
Title I for
New York State Education
Department
Office of School Improvement
and Community Services (NYC)
Complaints/appeals regarding
Title I for LEAs outside of
New York State Education
Department
Title I School &
Community Services Office
Room 365 EBA
How long does a public or
nonpublic teacher, parent, or agency have to file an appeal from a decision of
a LEA or the New York City Department of Education?
An appeal must be requested
and postmarked within 20 business days of receipt of the LEA’s
response to the original complaint.
Who shall conduct the review
of complaints or appeals?
The Title I representative in
the State Education Department office who is assigned as the program manager
for the LEA against which the complaint is made and other Department staff as
may be appropriate shall conduct the review of complaints or appeals.
What shall the State
Education Department's response to the complaint contain?
The Department's response
shall contain:
- the names of persons interviewed;
- the records or other evidence
examined;
- relevant dates/times/locations/events;
- summary of findings; and
- nature of corrective action to be
taken including applicable timelines.
How will State Education
Department staff monitor the timely and appropriate implementation of the
corrective actions called for in the complaint/appeal resolution?
Failure of the LEA to take
corrective action within the time period stipulated in the complaint resolution
shall be cause to withhold all, or a portion of, the ESEA Title I allocation to
the LEA.
Does the State Education
Department maintain a record of all complaints/appeals?
Yes. Copies of
correspondence, related documents, investigative reports, and summary reports
involved in the complaint/appeal resolution will be maintained by the State
Education Department for five years. Records will be made available to
interested parties in accordance with the provisions of the New York State
Freedom of Information Law (Public Officers Law Sections 84-89).
What shall constitute
exceptional circumstances for extending the 60-day limit for State Education
Department review of complaints and appeals for relief from an LEA action?
The State Education
Department has determined that exceptional circumstances may include, but need
not be limited to, such occurrences as:
- illness of involved parties;
- cancellation of scheduled on-site
reviews due to unscheduled school closings;
- the need for extended review activities beyond those
specified in the written notification; and/or
- any other mutual agreement to
changes in review scope or activity.
When exceptional
circumstances are identified, the revised date for the completion of the
complaint review will be provided in writing to all parties involved in the
complaint or appeal. All parties to the
complaint have the right to initiate a request for an extension beyond the 60
business day complaint resolution period based on exceptional circumstances. All
such requests must be presented to the State Education Department.
Procedures for
Adjudicating Appeals from the Decision of the State Education Department
May a person/agency
dissatisfied with the State Education Department's complaint resolution file an
appeal?
Yes, parties dissatisfied
with the State Education Department's complaint resolution may file an appeal
directly with the United States Department of Education at:
United States Department of
Education
Compensatory Education
Programs
Room 3W230, FOB #6