COMPLAINT RESOLUTION PROCEDURES

As required by the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001

Background Information

Section 9304(a)(3)(C) of the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001 (P.L. 107-110) requires states to adopt written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs in P.L. 107-110. North Carolina State Board of Education policy #EEO-E-001 outlines the procedures to be followed in resolving complaints alleging violations of requirements of the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001.

The State Board’s complaint resolution policy can be viewed by going to the NCSBE Policy Manual Table of Contents at http://sbepolicy.dpi.state.nc.us. Click on “EEO Series” to access the Effective and Efficient Operations policies. Click on “EEO-E” to access the federal programs policies. Click on policy “EEO-E-001” to view the State Board’s policy on resolution of complaints for federal programs.

To learn more about the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001, go to the North Carolina Department of Public Instruction’s website at http://www.ncpublicschools.org/nclb or the U. S. Department of Education’s website at http://www.ed.gov/index.jhtml.

Major Programs Included in the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001

PROGRAMS	DESCRIPTION
Title I	Improving the Academic Achievement of the Disadvantaged
Title I, Part A	Improving Basic Programs Operated by Local Educational Agencies
Title I, Part B, Subpart 1	Reading First
Title I, Part B, Subpart 3	William F. Goodling Even Start Family Literacy Program
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 I, Part F	Comprehensive School Reform
Title II	Preparing, Training, and Recruiting High Quality Teachers and Principals
Title II, Part A	Teacher and Principal Training and Recruiting Fund
Title II, Part D	Enhancing Education through Technology
Title III	Language Instruction for Limited English Proficient and Immigrant Students
Title III, Part A	English Language Acquisition, Language Enhancement, and Academic Achievement
Title IV	21^st Century Schools
Title IV, Part A, Subpart 1	Safe and Drug Free Schools and Communities
Title IV, Part B	21^st Century Community Learning Centers
Title V	Promoting Informed Parental Choice and Innovative Programs
Title V, Part A	Innovative Programs
Title VI	Flexibility and Accountability
Title VI, Part A, Subpart 1	Improving Academic Achievement, Accountability, Grants for State Assessments and Enhanced Assessments
Title VI, Part B, Subpart 1	Small, Rural School Achievement Program
Title VI, Part B, Subpart 2	Rural and Low-Income Schools
Title IX	General Provisions
Title IX, Part E (section 9532)	Unsafe School Choice Option
Title X	Repeals, Redesignations, and Amendments to Other Statutes
Title X, Part C	McKinney-Vento Homeless Education Assistance Improvements

Complaint Procedures

Individuals filing complaints must include the following written information:

The name of school system, school, or school system employee alleged to have violated a specific federal requirement in the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001;
The specific requirement alleged to have been violated;
The facts on which the complaint is based; and
What you expect the resolution of the alleged violation to be.

Complaints, which must be signed by the person(s) filing the complaint, are to be sent to:

Office of the State Superintendent
North Carolina Department of Public Instruction
6301 Mail Service Center
Raleigh, North Carolina 27699-6301.

Written complaints will be forwarded to the appropriate North Carolina Department of Public Instruction staff member for review and response. If additional information is needed, the staff member assigned to review the complaint will contact the person alleging the violation of federal requirements in the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001. For this reason, a telephone number or e-mail address of the person alleging the violation must be included with the complaint. Failure to provide a telephone number or e-mail address mail result in the North Carolina Department of Public Instruction not being able to adequately respond to the complaint.

Complaint Resolution

Complaints will be responded to within 60 days of receipt, unless an extension is needed because of extenuating circumstances. Complainants will be notified if an extension will be needed and the reasons for the extension. The written resolution will include:

A summary of the facts;
A statement of the federal requirements involved;
The North Carolina Department of Public Instruction’s finding of fact and a summary of the evidence it considered;
The North Carolina Department of Public Instruction’s conclusions regarding each allegation and a summary of the reasons for these conclusions; and
The North Carolina Department of Public Instruction’s order for any technical assistance, negotiation, or corrective action that must occur and when these actions must occur.

The written resolution will be mailed to the complainant and the superintendent or charter school lead administrator against whom the allegations were made.

Preliminary Steps

Every effort should be made to resolve the issue at the local level before filing a formal complaint with the North Carolina Department of Public Instruction. This can include meeting with the principal, central office staff, or local board of education to address the alleged violation. Only once all local remedies have been exhausted should a formal complaint be submitted to the North Carolina Department of Public Instruction.

Questions

If you have questions about this process, please call the NCLB Coordinator at 919.807.3827.