2010-2011
Federal Programs Complaint Procedures for the
Wellsville-Middletown
R-I
Missouri
Department of Elementary & Secondary Education
NCLB
COMPLAINT PROCEDURES
The
Federal No Child Left Behind Act of 2001 (NCLB), Title IX Part C. Sec. 9304(a)(3)(C) requires the Missouri Department of Elementary &
Secondary Education (DESE) to adopt procedures for resolving complaints regarding
operations of programs authorized under the Act, including Title I, Title II,
Title III, Title IV (Part A), Title V, Title VI, and Title
Who May File a Complaint?
Any local education agency (LEA),
consortium of LEAs, organization, parent, teacher, or member of the public may
file a complaint.
Definition of a Complaint
There are both formal and informal
complaint procedures.
A formal complaint must be a written,
signed statement that includes:
1. an allegation that a federal statute or regulation
applicable to the state educational agency (SEA) or a local education agency
(LEA) program has been violated,
2. facts, including documentary evidence that supports the
allegation, and
3.
the specific requirement, statute, or regulation being
violated.
Alternatives for Filing Complaints
It is federal and
state intent that complaints are resolved at a level nearest the LEA as
possible. As described below, formal complaints filed with the SEA will be
forwarded to the appropriate LEA for investigation and resolution. Informal
complaints made to the SEA will be subject of an initial investigation by the SEA,
but will be forwarded to the LEA if a formal complaint evolves. Precise
processes in both instances are described below.
Informal and Formal
Complaints Received by the Local Education Agency
Informal and formal
complaints filed with the LEA concerning NCLB program operations in that LEA
are to be investigated and resolved by the LEA
according to locally developed procedures, when at all possible. Such
procedures will provide for:
1. disseminating procedures to the LEA school board,
2. central filing of procedures within the district,
3. addressing informal complaints in a prompt and courteous
manner,
4. notifying the SEA within 15 days of receipt of written
complaints,
5. timely investigating and processing of complaints within 30
days, with an additional 30 days if exceptional conditions exist,
6. disseminating complaint findings and resolutions to all
parties to the complaint and the LEA school board. Such findings and
resolutions also shall be available to parents, teachers and other members of
the general public, provided by the LEA, free of charge, if requested, and
7. appealing to the Missouri Department of Elementary &
Secondary Education within 15 days
Appeals to the
Missouri Department of Elementary & Secondary Education will be processed
according to the procedures outlined in sections below.
Informal Complaints Received by the
SEA Office
Informal complaints
(i.e., verbal and/or anonymous) to the SEA by individuals (who may ask not to
be identified to the LEA) concerning program operations in an LEA will be
investigated by the SEA, according to procedures deemed most appropriate by the
SEA, within 10 days of receipt of the complaint. Findings of this investigation
shall be reported to the complainant within 10 additional days. In the event
that the complainant requests further investigation or a hearing, the
complainant must file a signed written complaint. This formal complaint will be
processed according to procedures outlined in sections below.
Formal Complaints Initially Received
by the SEA Office
1. Record. Upon
receipt of a written complaint, a record of the source and nature of the
complaint, including the applicable program involved in the complaint, statue
violated and facts, on which the complaint is based, will be initiated.
2. Notification of
LEA. Within 15 days of receipt of the complaint, a written communication will
notify the district superintendent and the district NCLB coordinator of the
complaint filed with the SEA. Upon receipt of the communication, the LEA will
initiate its complaint procedures as set forth above.
3. Report by LEA.
Within 20 days of receipt of the complaint, the LEA will advise the SEA of the
status of the complaint resolution proceedings and, at the end of 30 days, will
submit a written summary of the LEA investigation and complaint resolution.
This report is considered public record and may be made available to parents,
teachers, and other members of the general public.
4. Verification.
Within ten days of receipt of the written summary of a complaint resolution,
the DESE office will verify the resolution of the complaint through an on-site
visit, letter or telephone call(s). Verification will include direct contact
with the complainant.
Appeals
Appeal to the SEA
1. Record. Upon
receipt of a written appeal to a complaint unresolved at the LEA level, a
record of the source and nature of the complaint, including the applicable
program involved in the complaint, statue violated and facts on which the
complaint is based, will be initiated.
2. Investigation.
The SEA will initiate an investigation within 10 days, which will be concluded
within 30 days from receipt of the appeal. Such investigation may include a
site visit if the SEA determines that an on-site investigation is necessary. By
stipulation of all concerned, this investigation may be continued beyond the
30-day limit.
3. Hearing. If
required by the SEA, or formally requested by parties to the complaint, this
investigation will include an evidentiary hearing(s) before an SEA Division
Director acting as chairperson and designated staff personnel. Conduct of such
hearings will follow the procedures outlined in state rules. The hearing proceedings shall be tape
recorded and the recording preserved for preparation of any transcript required
on appeal.
Decision
Within 10 days of
conclusion of the investigation and/or evidentiary hearing(s), the SEA will
render a decision detailing the reasons for its decision and transmitting this
decision to the LEA, the complainant, and the district school board.
Recommendations and details of the decision are to be implemented within 15
days of the decision being given to the LEA. This
15-day implementation period may be extended at the discretion of the SEA Division Director. The complainant or the LEA may
appeal the decision of the SEA.
Formal LEA Complaints Against SEA
1.
Record. The SEA will record the source, and nature of the complaint, including
the applicable program involved in the complaint, statue violated and facts on
which the complaint is based.
2.
Decision. The SEA decision will be rendered within 15 days of the complaint
receipt. The LEA will be promptly notified of the SEA’s decision.
3.
Appeal. The LEA may appeal the decision of the SEA to the SEA review board
within 30 days of receipt of the decision. Procedures under the “Appeal to the
State Agency Review Board” section will be followed.
4.
Second Appeal. An applicant has the right to appeal the decision of the SEA
Review Board to the U.S. Secretary of Education. The applicant shall file
written notice of the appeal with the Secretary within 20 days after the
applicant has been notified by the SEA of its decision.
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Grievance and Complaint Procedures
If
at any time a patron of the Wellsville-Middletown (WMR1) Elementary school has
a concern or grievance with the school, they are encouraged to report and/or
file their concern, in writing, with the Elementary Principal’s office or the
Superintendent’s office. Included in
this report should be the time, date, location and individuals involved with
the issue.
In the event that neither the
Principal nor the Superintendent can resolve the issue, a written request to
present the issue to the WMR1 school board can be made in writing through the
Superintendent’s office or by mailing the request to:
Wellsville-Middletown R-I Board of Education
900 Burlington Road
Wellsville, Mo. 63384