For Title I, Parts A, C, and D or Section 100.2 of the Commissioner’s Regulations Regarding Academic Intervention Services, The Liberty Central School District will disseminate free of charge, this information about the State Complaint and Appeal Procedures to parents of students, and appropriate private school officials or representatives.
School District Procedures for Filing Complaints / Appeals:
Who may submit a complaint?
A complaint may be filed by a public or non-public school parent or teacher; other interested persons, or agencies.
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 concern
• contain information/evidence supporting the complaint; and
• state the nature of the corrective action desired.
What must an appeal from a District response contain?
An appeal must contain:
• a copy of the original signed complaint
• a copy of the district’s response to the original complaint or a statement that the school district failed to respond in 30 business days.
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 District be sent?
Complaints/appeals regarding the district’s administration and the 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 Liberty Central School Superintendent at 115 Buckley Street, Liberty, New York 12754. The District has a 30 business day period in which to resolve a complaint.
If the 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 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 NYS Education Department:
The State Education 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 and an appeal from the decision of a local school district regarding an action by the District.
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 Title I LEA’s outside of New York City should be sent to:
Title I School & Community Services Office
New York State Education Department – Room 320 EB
89 Washington Avenue Albany, NY 12234
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/location/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 a 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 Adjudication 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
Changes to SED address made 9/28/17