Purpose

Below is the process for resolving complaints submitted to the New York State Education Department’s (NYSED) Office of ESSA-Funded Programs alleging that a local educational agency (LEA), grantee or NYSED has violated a law, rule, or regulation in the administration of any “covered Federal program” under the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA) identified below.

These procedures offer parents and other stakeholders a process to file complaints and allow for the timely resolution of such complaints. Complaints filed against a local entity such as a school district, charter school, or grantee will be reviewed by NYSED's Office of ESSA-Funded Programs. Complaints filed against NYSED will be reviewed by NYSED's legal counsel.

A complainant may include any of the following: parents, public agencies, and other individuals or organizations.  If the complainant is a minor, the complaint or appeal shall also be signed by his or her guardian, unless the statute or rule under which the complaint or appeal is filed prohibits this requirement. Complaints regarding equitable services for non-public schools should follow the procedures detailed at http://www.p12.nysed.gov/nonpub/Ombudsman.html.

Each LEA in New York State is required to disseminate, free of charge, adequate information about these complaint procedures to parents of students, and appropriate private school officials or representatives.

Authorization

The procedures contained in this document meet the requirements of ESSA Section 8304(a)(3)(C) and 34 CFR Part 299, Subpart F - Complaint Procedures.

Covered Federal Programs

The ESEA programs for which an individual or entity may submit a complaint to NYSED include:

Title I, Part A: Grants to Local Educational Agencies
Title I, Part C: Education of Migratory Children
Title I, Part D: Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk
Title II, Part A: Supporting Effective Instruction
Title III, Part A: Language Instruction for English Learners and Immigrant Students
Title IV, Part A: Student Support and Academic Enhancement Grants
Title IV, Part B: 21st Century Community Learning Centers
Title V, Part B: Rural Education Initiative