9. How will appeals to the Department be investigated?
10. What happens if the complaint is not resolved at the state level (the Department)?
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 No Child Left
Behind Act of 2001 (NCLB)2 .
1. What is a complaint under NCLB?
purposes, a complaint is an 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
2. Who may file a complaint?
or organization may file a complaint.
3. How can a complaint be filed?
be filed with the LEA or with the Department.
4. How will a complaint filed with the
LEA be investigated?
filed with the LEA are to be investigated and attempted to be resolved
according to locally developed and adopted procedures.
5. What happens if a complaint is not
resolved at the local level (LEA)?
not resolved at the local level may be appealed to the Department.
6. How can a complaint be filed with the
filed with the Department must be a written, signed statement that includes:
statement that a requirement that applies to an NCLB 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?
investigation and complaint resolution proceedings will be completed within a
time limit of fifty calendar days. That time limit can be extended by the
agreement of all parties.
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 forty-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 ten 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, and/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 private school children handled differently?
complaint is an LEA is not providing equitable services for private school
children, in addition to the procedures listed in number 7 above, the complaint
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 Departments’ resolution of the complaint
(or its failure to resolve the complaint).
9. How will appeals to the Department be
will initiate an investigation within ten days, which will be concluded within
thirty days from the day of the appeal.
An independent on-site investigation may be conducted if the Department
determines that it is necessary. The 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)?
complainant or the LEA may appeal the decision of the Department to the United
States Department of Education.