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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 Education 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.
Local education agencies (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 LOCAL
SCHOOL DISTRICT:
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 DISTRICT/LEA’S RESPONSE CONTAIN?
An appeal must contain:
a copy of the original signed complaint (see
I-B);
a copy of the local school district's
response to the original complaint or a statement that the
school district failed to respond in 30 business days.
In New York City, a copy of the local
school district 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
local school district's response which the party wishes to
appeal.
WHERE SHOULD A COMPLAINT/APPEAL TO THE LEA BE
SENT?
Complaints/appeals regarding the district'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 district against whom the complaint is
made. The LEA has a 30 business day period in which to resolve a
complaint.
In New York City, Title I complaints should
be sent first to the District and Regional Superintendents. If the
local community school district fails to resolve the complaint
within 30 business days, or fails to resolve the issue to the
satisfaction of the complainant, the complaint should be sent to the
New York City Department of Education, Office of School Improvement,
Division of Teaching and Learning, 52 Chambers Street, Room 213, New
York, NY 10007. The New York City Department of Education has a 30
business day period in which to resolve the complaint.
II. 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 a local school
district regarding an action by the LEA.
Note: Complaints which 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
local school district 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, the 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 New York City local
school districts/schools should be sent to:
For Title I:
New York State Education Department
Office of School Improvement and Community Services (NYC)
55 Hanson Place, Room 584
Brooklyn, NY 11217
C. HOW LONG DOES A PUBLIC OR NONPUBLIC TEACHER,
PARENT,OR AGENCY HAVE TO FILE AN APPEAL FROM THE DECISION OF A LOCAL
SCHOOL DISTRICT/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.
D. WHO SHALL CONDUCT THE REVIEW OF COMPLAINTS OR
APPEALS?
The Title I representative in the NYSED office
who is assigned as the program manager for the district against
which the complaint is made and such 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 NYSED STAFF MONITOR THE TIMELY AND
APPROPRIATE IMPLEMENTATION OF THE CORRECTIVE ACTIONS CALLED FOR IN
THE COMPLAINT/APPEAL RESOLUTION?
Failure of the local school district 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 district.
DOES NYSED 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 at the New York 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 NYSED REVIEW OF COMPLAINTS AND
APPEALS FOR RELIEF FROM AN LEA ACTION?
The 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 AGENCY
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
400 Maryland Avenue, S.W.
Room 3W230, FOB #6
Washington, D.C. 20202-6132
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