ADE Director's Communication Memo Form


Memo Number : LS-09-040

Date Created : 05/22/2009

Attention:

Superintendents
Co-op Directors
Secondary Principals
Elementary Principals
Middle School Principals

Type of Memo: Regulatory
Response Required: No
   
Section:   Learning Services - Dr. Alice Barnes Rose, Assistant Commissioner
Subject:
Complaint Resolution Procedures

Regulatory Authority:
NCLB Pub. Law 107-110, Sec. 9304 (a)(3)(C), 9501 McKinney - Vento Act of 2001, 722(g)(1)(C)

Contact Person:
Otistene Smith; M. Annette Barnes

Phone Number:
501-683-5425

E-mail:
otistene.smith@arkansas.gov

In order to meet the requirements of the No Child Left Behind Act of 2001 (NCLB), Section 9304 (a)(3)(C) General Applicability of State Educational Agency Assurances requires the Arkansas Department of Education (ADE) to ensure that written procedures for receipt and resolutions of complaints alleging violations of the law in the administration of provisions are available to the school districts. Section 299.10(a) of Education Department General Administrative Regulations (EDGAR) further requires a State Education Agency (SEA) to adopt written procedures, consistent with state law, for (1) receiving and resolving any complaint from an organization or individual that the SEA or an agency or consortium of agencies is violating a Federal statute or regulation that applies to an applicable program; (2) reviewing an appeal from a decision of an agency or consortium of agencies with respect to a complaint; and (3) conducting an independent on-site investigation of a complaint if the SEA determines that an on-site investigation is necessary.

Section 9503 of No Child Left Behind addresses the written complaint process for participation of private school children. The attached policy statement will be used to receive, investigate, and resolve any complaints filed by parents, teachers or other individuals and organizations concerning violations of Section 9501 (participation of private school children) by a SEA, local educational agency (LEA) educational service agency, consortium of those agencies, or other entity. The attached complaint resolution procedures will be also used to ensure prompt resolution of disputes regarding the educational placement of homeless children and youths pursuant to the McKinney-Vento Homeless Education Assistance Improvement Act, Section 722(g)(1)(C).

School districts are instructed to draft local complaint resolution
procedures and to model the procedures in the attached policy statements to resolve disputes and seek resolutions of local complaints regarding the administration of programs contained within the Elementary and Secondary Education Act and the school selection and enrollment disputes regarding homeless students and youth under the McKinney-Vento Homeless Education Assistance Improvement Act.

Districts are instructed to ensure that private schools receive copies of both the attached policy statement and the districtís complaint resolution policy. Pursuant to the attached policy, all written complaints should be directed to the LEA for resolution first. If no resolution can be reached by the LEA, or if the complainant is not satisfied with the LEAís resolution, the complainant may appeal to the SEA. The attached complaint resolution procedures will not be used to address private contract disputes concerning an LEA or any private organization.


Attachments:

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