NCLB - Current Issues

New Jersey Department of Education
No Child Left Behind (NCLB)
Complaint Policy and Procedures

This procedure sets forth the process for resolving a complaint presented by any individual or organization that: (1) a school, school district, other agency authorized by a school district or the New Jersey Department of Education (NJDOE), and/or (2) NJDOE violated the administration of education programs required by the Elementary and Secondary Education Act (ESEA) as amended by the No Child Left Behind Act (NCLB).

Pursuant to 20 USC 7844, Sec 9304 (a)(3)(C), of the No Child Left Behind Act of 2001, a State Educational Agency (SEA) shall adopt written procedures that offer parents, public agencies, other individuals or organizations a method for receipt and resolution of complaints alleging violations in the administration of the programs. For a list of major programs included in the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 and covered under this complaint policy and procedure, see Appendix A.

A complaint is a written allegation that a school, school district, other agency authorized by a school district or the NJDOE, or NJDOE has violated the law in the administration of education programs required by the NCLB. An allegation may be submitted in writing or electronically. If a complaint is submitted electronically, a hard copy should also be sent to the NJDOE via regular mail.

How and where should a complaint alleging a violation by a school, school district, or other agency authorized by a school district or the NJDOE be sent?

Many problems and disagreements can be resolved by contacting the school principal or district superintendent of schools. If efforts at the local level are not successful, complainants may follow the procedures outlined below.

To initiate a complaint that a school, school district, or other agency authorized by a school district or the NJDOE has violated the administration of a education program, a complainant must submit a written complaint to the department to the attention of the County Superintendent. A list of the County Offices of Education and County Superintendents can be found at http://www.state.nj.us/njded/regions/ or by calling (609) 292-4469.

To initiate a complaint against the NJDOE alleging a violation of the administration of a program, a complainant must submit a written complaint to the Chief of Staff at:

However, it is requested that the complainants first contact the NJDOE Chief of Staff to resolve the issue.

What happens after a written complaint alleging a violation of law by a school, school district, or other agency authorized by a school district or the NJDOE is submitted to the County Superintendent?

When a written complaint is received, the NJDOE issues a Letter of Acknowledgement to the complainant within ten (10) business days of receipt of the complaint. This letter contains the following information:

*Based on the facts of the alleged violation, an extension of time may be required to resolve the complaint. If an extension is required, NJDOE issues a follow-up letter prior to the initial resolution date informing the complainant of the revised timeframe.

What happens after a written complaint alleging a violation by the NJDOE is submitted to the Chief of Staff?

When a written complaint is received, the Chief of Staff assigns the investigation of this complaint to the The Office of Program Planning and Accountability/Specialized Populations. This Office issues a Letter of Acknowledgement to the complainant within 10 business days of receipt of the complaint. This letter contains the following information:

**Based on the facts of the alleged violation, an extension of time may be required to resolve the complaint. If an extension is required, the Office of Program Planning and Accountability/Specialized Populations will issue a follow-up letter prior to the initial resolution date informing the complainant of the revised timeframe.

What information is sent about the investigation regarding an alleged violation by a school, school district, or other agency authorized by a school district or the NJDOE?

The County Superintendent coordinates the investigation of the complaint. When the investigation is complete, the County Superintendent notifies the complainant in writing regarding the outcome of the investigation.

What information is sent about the investigation concerning an alleged violation by the NJDOE?

The Office of Program Planning and Accountability/Specialized Populations coordinates the investigation of the complaint. When the investigation is complete, the Chief of Staff notifies the complainant in writing regarding the outcome of the investigation.

If a violation has occurred, the Chief of Staff identifies and imposes the appropriate consequences or corrective actions as required by regulation to resolve the complaint.

How are violations by a school, school district, or other agency authorized by a school district or the NJDOE be resolved?

If a violation has occurred, the Assistant Commissioner assigned to oversee the matter identifies and imposes the appropriate consequences or corrective action as required by regulation to resolve the complaint.

If the complainant does not agree with the NJDOE’s decision, the complainant may appeal to the United States Department of Education Secretary at:

The complainant must appeal no later than 30 days after the NJDOE resolves the complaint or fails to resolve the complaint within a reasonable period of time.

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	21st Century Schools
Title IV, Part A, Subpart 1	Safe and Drug Free Schools and Communities
Title IV, Part B	21st 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, Re-designations, and Amendments to Other Statutes
Title X, Part C	McKinney-Vento Homeless Education Assistance Improvements