Standard Complaint Resolution Procedure For Every Student Succeeds Act (ESSA)
This complaint resolution procedure applies to all programs administered by the Missouri Department of Elementary and Secondary Education under the No Child Left Behind Act.
A complaint is a formal allegation that a specific federal or state law or regulation has been violated, misapplied, or misinterpreted by school by school district personnel or by Department of Education personnel.
Any parent or guardian, surrogate parent, teacher, administrator, school board member, or other person directly involved with an activity, program, or project operated under the general supervision of the Department may file a complaint. Such a complaint must be in writing and signed; it will provide specific details of the situation and indicate the law or regulation that is allegedly being violated, misapplied, or misinterpreted.
The written, signed complaint must be filed and the resolution pursued in accordance with local district policy:
- The principal shall schedule a conference with the student and any staff members involved to attempt to resolve the problem. Parents/guardians may be involved in the conference, or a later conference for parents/guardians may be scheduled at the discretion of the principal.
- If the problem is not resolved to the satisfaction of the student and/or parents/guardians, a request may be submitted for a conference with the superintendent of schools. The superintendent shall arrange a conference to consider the problem, and to inform participants of the action that will be taken.
- If the student and/or parents/guardians are not satisfied with the action of the superintendent, they may submit a written request to appear before the Board of Education. Unless required by law, a hearing will be at the discretion of the Board. The decision of the Board shall be final.
If the issue cannot be resolved at the local level, the complainant may file a complaint with the Missouri Department of Education. If there is no evidence that the parties have attempted in good faith to resolve the complaint at the local level, the Department may require the parties to do so and may provide technical assistance to facilitate such resolution.
Any persons directly affected by the actions of the Department may file a similarly written complaint if they believe state or federal laws or regulations have been violated, misapplied, or misinterpreted by the Department itself.
Anyone wishing more information about this procedure or how complaints are resolved may contact local district or Department personnel.
Missouri Department of Elementary and Secondary Education
Every Student Succeeds Act of 2015 (ESSA)
Complaint Procedures
This guide explains how to file a complaint about any of the programs1 that are administered by the Missouri Department of Elementary and Secondary Education (the Department) under the Every Student Succeeds Act of 2015 (ESSA)2.
What is a complaint?
For these purposes, a complaint is a written allegation that a local education agency (LEA) or the Missouri Department of Elementary and Secondary Education (the Department) has violated a federal statute or regulation that applies to a program under ESSA.
Who may file a complaint?
Any individual or organization may file a complaint.
How can a complaint be filed?
Complaints can be filed with the LEA or with the Department.
How will a complaint filed with the LEA be investigated?
Complaints filed with the LEA are to be investigated and attempted to be resolved according to the locally developed and adopted procedures.
What happens if a complaint is not resolved at the local level (LEA)?
A complaint not resolved at the local level may be appealed to the Department.
How can a complaint be filed with the Department?
A complaint filed with the Department must be a written, signed statement that includes:
- A statement that a requirement that applies to an ESSA program has been violated by the LEA or the Department, and
- The facts on which the statement is based and the specific requirement allegedly violated.
How will a complaint filed with the Department be investigated?
The investigation and complaint resolution proceedings will be completed within a time limit of forty-five calendar days. That time limit can be extended by the agreement of all parties.
The following activities will occur in the investigation:
- Record. A written record of the investigation will be kept.
- Notification of LEA. The LEA will be notified of the complaint within five days of the complaint being filed.
- Resolution at LEA. The LEA will then initiate its local complaint procedures in an effort to first resolve the complaint at the local level.
- Report by LEA. Within thirty-five days of the complaint being filed, the LEA will submit a written summary of the LEA investigation and complaint resolution. This report is considered public record and may be made available to parents, teachers, and other members of the general public.
- erification. Within five days of receiving the written summary of a complaint resolution, the Department will verify the resolution of the complaint through an on-site visit, letter, or telephone call(s).
- Appeal. The complainant or the LEA may appeal the decision of the Department to the U.S. Department of Education.
How are complaints related to equitable services to nonpublic school children handled differently?
In addition to the procedures listed in number 7 above, complaints related to equitable services will also be filed with the U.S. Department of Education, and they will receive all information related to the investigation and resolution of the complaint. Also, appeals to the United States Department of Education must be filed no longer than thirty days following the Department’s resolution of the complaint (or its failure to resolve the complaint).
How will appeals to the Department be investigated?
The Department will initiate an investigation within ten days, which will be concluded within thirty days from the day of the appeal. This investigation may be continued beyond the thirty day limit at the discretion of the Department. At the conclusion of the investigation, the Department will communicate the decision and reasons for the decision to the complainant and the LEA. Recommendations and details of the decision are to be implemented within fifteen days of the decision being delivered to the LEA.
What happens if a complaint is not resolved at the state level (the Department)?
The complainant or the LEA may appeal the decision of the Department to the United States Department of Education.
Local education agencies are required to disseminate, free of charge, this information regarding ESSA complaint procedures to parents of students and appropriate private school officials or representatives.
Dear Parent or Guardian:
Our district is required to inform you of information that you, according to the Every Student Succeeds Act of 2015 (Public Law 114-95), have the right to know. Upon your request, our district is required to provide to you in a timely manner, the following information:
- Whether your student’s teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
- Whether your student’s teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived.
- Whether your student’s teacher is teaching in the field of discipline of the certification of the teacher.
- Whether your child is provided services by paraprofessionals and, if so, their qualifications. In addition to the information that parents may request, a building receiving Title I.A funds must provide to each individual parent:
- Information on the level of achievement and academic growth of your student, if applicable and available, on each of the State academic assessments required under Title I.A.
- Timely notice that your student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who has not met applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.
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