Parent Notification
The Elementary and Secondary Education Act (ESEA) requires notification to parents when any of the following situations exist in a Local Education Agency (LEA) receiving federal funds. Additional information regarding these requirements can be found in this manual.
1. LEAs must annually disseminate DESE’s ESSA Complaint Procedures to parents of students and appropriate nonpublic school officials or representatives.
2. At the beginning of each school year, a participating LEA must notify the parents of each student attending a school that receives Title I.A funds that they may request, and the LEA will provide in a timely manner, information regarding the professional qualifications of their child’s classroom teachers and any paraprofessionals providing services to their child.
3. A school that receives Title I.A funds must provide all parents notice their child has been assigned, or has been taught for four or more consecutive weeks, by a teacher or a person who is not appropriately certified.
4. Within 30 days after the beginning of the school year, an LEA must inform parents their child has been identified for participation in a language instruction educational program.
5. Parents/guardians of students enrolled in a persistently dangerous school or students who are victims of violent criminal offense while on school property must be notified of their option to transfer their student to a school that is not designated persistently dangerous.
6. Testing Transparency – LEAs must make available to the public for each grade and each assessment required by the state, the following:
a. the subject matter assessed;
b. the purpose for which the assessment is designed and used;
c. the source of the requirement for the assessment (statutory cite);
d. the amount of time spent on the assessment;
e. the schedule for administering the assessment; and,
f. the time and format for disseminating results.
1. LEAs must annually disseminate DESE’s ESSA Complaint Procedures to parents of students and appropriate nonpublic school officials or representatives.
2. At the beginning of each school year, a participating LEA must notify the parents of each student attending a school that receives Title I.A funds that they may request, and the LEA will provide in a timely manner, information regarding the professional qualifications of their child’s classroom teachers and any paraprofessionals providing services to their child.
3. A school that receives Title I.A funds must provide all parents notice their child has been assigned, or has been taught for four or more consecutive weeks, by a teacher or a person who is not appropriately certified.
4. Within 30 days after the beginning of the school year, an LEA must inform parents their child has been identified for participation in a language instruction educational program.
5. Parents/guardians of students enrolled in a persistently dangerous school or students who are victims of violent criminal offense while on school property must be notified of their option to transfer their student to a school that is not designated persistently dangerous.
6. Testing Transparency – LEAs must make available to the public for each grade and each assessment required by the state, the following:
a. the subject matter assessed;
b. the purpose for which the assessment is designed and used;
c. the source of the requirement for the assessment (statutory cite);
d. the amount of time spent on the assessment;
e. the schedule for administering the assessment; and,
f. the time and format for disseminating results.
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 .
Missouri Department of Elementary and Secondary Education
Complaint Procedures for ESSA Programs
Table of Contents
General Information
1. What is a complaint under ESSA?
2. Who may file a complaint?
3. How can a complaint be filed?
Complaints filed with LEA
4. How will a complaint filed with the LEA be investigated?
5. What happens if a complaint is not resolved at the local level (LEA)?
Complaints filed with the Department
6. How can a complaint be filed with the Department?
7. How will a complaint filed with the Department be investigated?
8. How are complaints related to equitable services to nonpublic school children handled differently?
Appeals
9. How will appeals to the Department be investigated?
10. What happens if the complaint is not resolved at the state level (the Department)?
1. 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.
2. Who may file a complaint?
Any individual or organization may file a complaint.
3. How can a complaint be filed?
Complaints can be filed with the LEA or with the Department.
4. 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.
1 Programs include Title I. A, B, C, D, Title II, Title III, Title IV.A, Title V Revised 4/17 2 In compliance with ESSA Title VIII- Part C. Sec. 8304(a)(3)(C) 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.
5. 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.
6. How can a complaint be filed with the Department?
A complaint filed with the Department must be a written, signed statement that includes:
1. A statement that a requirement that applies to an ESSA program has been violated by the LEA or the Department, and
2. The facts on which the statement is based and the specific requirement allegedly violated.
7. 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:
1. Record. A written record of the investigation will be kept.
2. Notification of LEA. The LEA will be notified of the complaint within five days of the complaint being filed.
3. Resolution at LEA. The LEA will then initiate its local complaint procedures in an effort to first resolve the complaint at the local level.
4. 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.
5. Verification. 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).
6. Appeal. The complainant or the LEA may appeal the decision of the Department to the U.S. Department of Education.
8. 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).
9. 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.
10. 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.
Missouri Department of Elementary and Secondary Education
Complaint Procedures for ESSA Programs
Table of Contents
General Information
1. What is a complaint under ESSA?
2. Who may file a complaint?
3. How can a complaint be filed?
Complaints filed with LEA
4. How will a complaint filed with the LEA be investigated?
5. What happens if a complaint is not resolved at the local level (LEA)?
Complaints filed with the Department
6. How can a complaint be filed with the Department?
7. How will a complaint filed with the Department be investigated?
8. How are complaints related to equitable services to nonpublic school children handled differently?
Appeals
9. How will appeals to the Department be investigated?
10. What happens if the complaint is not resolved at the state level (the Department)?
1. 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.
2. Who may file a complaint?
Any individual or organization may file a complaint.
3. How can a complaint be filed?
Complaints can be filed with the LEA or with the Department.
4. 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.
1 Programs include Title I. A, B, C, D, Title II, Title III, Title IV.A, Title V Revised 4/17 2 In compliance with ESSA Title VIII- Part C. Sec. 8304(a)(3)(C) 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.
5. 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.
6. How can a complaint be filed with the Department?
A complaint filed with the Department must be a written, signed statement that includes:
1. A statement that a requirement that applies to an ESSA program has been violated by the LEA or the Department, and
2. The facts on which the statement is based and the specific requirement allegedly violated.
7. 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:
1. Record. A written record of the investigation will be kept.
2. Notification of LEA. The LEA will be notified of the complaint within five days of the complaint being filed.
3. Resolution at LEA. The LEA will then initiate its local complaint procedures in an effort to first resolve the complaint at the local level.
4. 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.
5. Verification. 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).
6. Appeal. The complainant or the LEA may appeal the decision of the Department to the U.S. Department of Education.
8. 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).
9. 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.
10. 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.
