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NYSED ESSA Complaint Process

Hyde Park works collaboratively with parents to develop School Wide Plans that support our ESSA funded programs. Parents of students and appropriate private school officials have the right to file a formal complaint in accordance with Hyde Park Board of Education Policy 1405 and the NYSED complaint procedures found below. 

NYSED Complaint Procedures Page

HPCSD BOE POLICY 1450:  Complaints About Certain Federally Funded Programs

Any person or entity representative may allege that the district 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) (see list below).  As required by the State Education Department (SED), before persons or representatives may submit complaints to SED, they must first submit a complaint in writing to the Superintendent of Schools.  After 30 days, any decision of the Superintendent which is unsatisfactory to the complainant, or the district’s lack of a response to the complaint, may be appealed to SED.

The federally-funded programs subject to this complaint procedure are:

All such complaints to SED must be signed and submitted in writing, and include, as outlined by SED:

Complaints may be either emailed to CONAPPTA@nysed.gov with “COMPLAINT” in the subject line of the email, or mailed to NYSED at the following address:

New York State Education Department

Office of ESSA Funded Programs

Attention: Complaint Coordinator

89 Washington Avenue, Room 320EB

Albany, New York 12234

SED will acknowledge, review, investigate and resolve the complaint, according to SED’s complaint procedures, within 60 SED work days, unless an extension is granted by SED.  Both the complainant and the district have the right to appeal to the U.S. Department of Education within 30 days of receiving SED’s Letter of Resolution.  Such appeals must be sent to:

United States Department of Education

Compensatory Education Programs

400 Maryland Avenue, S.W.

Room 3W230, FOB #6

Washington, D.C. 20202-6132

 

The district will disseminate this complaint procedure, free of charge, to parents of students, as well as appropriate private school officials or representatives.

           

Cross-ref:        1400, Public Complaints

                       1420, Complaints about Curricula or Instructional Materials

 

Ref:     20 USC §7844(a)(3)(C) (ESEA) (SED required to have complaint procedures)      

            34 CFR §§299.10 – 299.13 (299.12(d) – district must disseminate complaint procedures)

New York State ESSA-Funded Programs Complaint Procedures, NYSED (available at: http://www.nysed.gov/essa/new-york-state-essa-funded-programs-complaint-procedures)

  • 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
  1. A statement that the district has violated a requirement of a federal statute or regulation that applies to any of the programs listed above;
  2. The facts on which the statement is based, including sufficient information as to when, where and the nature that is perceived to be in violation of law and/or regulation;
  3. Documentation of attempts to resolve the issue with appropriate personnel at the local level where the child that is the subject of the complaint attends. Appropriate personnel could include the child’s teacher, building principal, pupil personnel director, the Superintendent or Board of Education; and
  4. The complainant’s recommendation for resolving the complaint.