From: John Moorse, Director of Student Support Programs
Re: Complaint Procedure Process for Elementary Secondary Education Act (ESEA)
Date: March 1, 2013
Title IX, General Provisions of the Elementary and Secondary Education Act requires that the state education agency (SEA) provides guidance to all local education agencies (LEAs) for resolving complaints. Any organization or individual may file a complaint if there is reason to believe that either an LEA or the SEA is not correctly administering an ESEA program.
A complaint is a signed, written statement citing an alleged violation of the Public Law 107-110, the regulations governing the law, or other applicable state or federal laws or regulations, either by the SEA or a school district. The complaint should describe the alleged violation and include the facts and circumstances on which the statement of alleged violation is based. Any organization or individual may file a complaint if there is reason to believe that either an LEA or the SEA is not correctly administering an ESEA program.
Complaints pertaining to LEAs should be addressed to the Director of Student Support Programs at the Minnesota Department of Education. A cover sheet tracking the process outlined below will be attached to the complaint. State ESEA program personnel will investigate these complaints. The complaint will be resolved within 60 business days.
Mail complaint to:
Director of Student Support Programs
Minnesota Department of Education
1500 Highway 36 West
Roseville, MN 55113
PROCESS FOR COMPLAINTS PERTAINING TO AN LEA
Within 60 days of receiving a complaint regarding an LEA, the SEA will:
Once the SEA has investigated the complaint and made a determination, either party may appeal to the Assistant Commissioner for the Division of Student Support to review the findings. The Assistant Commissioner, or his/her representative, will review the SEA’s investigation and findings, interview parties involved in the complaint, hold a public meeting if needed, and make a final determination of compliance. After the Assistant Commissioner’s final determination, either party may request a review by the U.S. Secretary of Education.
Process for Complaints Pertaining to Actions by MDE
If a complaint alleges that the SEA has violated applicable law or regulation, the complaint will be referred directly for review and investigation to the Assistant Commissioner for the Office of Accountability and Improvement.
Within 60 business days of receiving the complaint; the SEA will:
Following the Assistant Commissioner’s determination, either party may appeal directly to the U.S. Secretary of Education.