Title I/AIS Written Complaint Procedure
Title I/AIS Written Complaint Procedure
Written Complaint and Appeal Procedures for Title I and Section 100.2 (ee) of Commissioner’s Regulations
Procedures for Filing Complaints/Appeals with an Local Educational Agency (LEA):
Q. Who may submit a complaint?
A. Any public or nonpublic school parent or teacher, other interested person, or agency may file a complaint.
Q. What must a complaint contain?
A. 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.
Q. What must an appeal from a LEA’s response contain?
A. An appeal must contain:
- a copy of the original signed complaint;
- a copy of the LEA’s response to the original complaint or statement that the ELA failed to respond in 30 business days.
- 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
- a statement identifying those parts of the LEA’s response which the party wishes to appeal.
Q. Where should a complaint/appeal to the LEA be sent?
A. 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 who the complaint is made. The LEA has 30 business days in which to resolve the complaint.
If the local LEA 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 Title I School and Community Services Office, Room 365 EBA, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
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 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.
Q. What timelines pertain to the State Education Department’s view of complaints/appeals from an LEA action?
A. 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.
Q. Where shall complaints or appeals to the State Education Department be sent?
A. Complaints/appeals regarding Title I should be sent to:
New York State Education Department
Title I School and Community Services Office
Room 365 EBA
89 Washington Avenue
Albany, NY 12234
Q. How long does a public or nonpublic teacher, parent, or agency have to file an appeal from a decision of a LEA?
A public or nonpublic teacher, parent, or agency have to file an appeal from a decision of a LEA?
A. An appeal must be requested and postmarked within 20 business days of receipt of the LEA’s response to the original complaint.
Q. Who shall conduct the review of complaints or appeals?
A. 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 and appeals.
Q. What shall the State Education Department’s response to the complaint contain?
A. 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.
Q. How will State Education Department staff monitor the timely and appropriate implementation of the corrective actions called for in the complaint/appeal resolution?
A. 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.
Q. Does the State Education Department maintain a record of all complaints/appeals?
A. 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.
Q. 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?
A. 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
Q. May a person/agency dissatisfied with the State Education Department’s complaint resolution file an appeal?
A. 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
March 29, 2007 Board of Education Meeting