New Jersey Department of Education

ESEA Complaint Policy and Procedures

Purpose

This document sets forth the policy and procedures for resolving a written complaint presented by any individual or organization that alleges either  (1) a school, school district, or other agency authorized by a school district or the New Jersey Department of Education (NJDOE) (referred to herein as "authorized agency,") and/or (2) the NJDOE itself violated the law in the administration of education programs authorized by the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the Every Student Succeeds Act (ESSA).  In this document, the pertinent act is cited as ESEA.

Prior to submission of a written complaint, the concerned party is encouraged to first communicate concerns and work with the specific authority closest to or most familiar with the matter (i.e., school and school district) to reach a resolution.  If those avenues have been exhausted, the concerned party can then contact the NJDOE County Offices of Education or NJDOE program offices assigned to that particular program with questions or concerns.  If no resolution is obtained, the concerned party may opt to submit a written complaint using the processes outlined in this document.

Pursuant to 20 U.S.C. 7844 (ESEA Sec. 8304 (a)(3)(C)), a State Educational Agency (SEA) must adopt written procedures for the receipt and resolution of complaints alleging violations of the law in the administration of ESEA programs.  For a list of major programs included in ESEA and covered under this complaint policy and procedures, see Appendix A at the end of this document

Submission of an ESEA Complaint

What is a complaint and what information should be included in the complaint?

A complaint is an allegation submitted in writing (mail or email) by an individual or organization  that a school, school district, other authorized agency, and/or the NJDOE has violated the law in the administration of education programs authorized by ESEA.
Complaints regarding nonpublic school officials alleging Local Education Agency (LEA) noncompliance must pertain to at least one of the following three specific reasons:

1. The LEA did not engage in consultation that was meaningful and timely;
2. The LEA did not give due consideration to the views of the nonpublic school official(s); or
3. The LEA did not make a decision that treats the nonpublic school or its students equitably in accordance with ESEA Section 1117 or Section 8501.

The procedures involved with the resolution of nonpublic school official complaints will be articulated in a separate section of this document – "Submission of an ESEA Nonpublic Equitable Services Complaint".

All written complaints must identify at a minimum the following:

1. The alleged ESEA violation;
2. A description of previous steps taken to resolve the matter;
3. The facts supporting the alleged violation as understood by the complainant at the time of submission; and
4. Any supporting documentation (e.g., letters, emails, logs, agendas, meeting minutes).

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

To initiate a complaint against a school, school district, or other authorized agency alleging a violation of the law in the administration of an ESEA program, a complainant must submit a written complaint to the NJDOE Executive County Superintendent for the county where the school, school district, or other authorized agency is located.  Specific County Office of Education contact information can be obtained at NJDOE County Offices of Education for the relevant county or by calling (609) 376-9099. 
Note that this procedure does not apply to alleged violations concerning the participation of nonpublic school children.  Please refer to the nonpublic equitable services section of this document for additional information on filing such complaints.

How and where should a complaint alleging a violation by the NJDOE be sent?

To initiate a complaint against the New Jersey Department of Education (NJDOE) alleging a violation of the law in the administration of an ESEA program, a complainant must submit a written complaint to the Assistant Commissioner, Division of Learning Supports and Specialized Services via email at essa@doe.nj.gov with subject line "ESEA Complaint" or via hard copy sent to the following address:

New Jersey Department of Education
Assistant Commissioner, Division of Learning Supports and Specialized Services
P.O. Box 500
Trenton, New Jersey 08625-0500.

A complaint against a public school, public school district, or other authorized agency should not be submitted to the Assistant Commissioner, Division of Learning Supports and Specialized Services.
Note that this procedure does not apply to alleged violations concerning the participation of nonpublic school children.  Please refer to the nonpublic equitable services section of this document for additional information on filing such complaints.

Can any complainant alleging a violation of ESEA submit the complaint to the United States Department of Education?

A complainant can submit a complaint in writing to the Secretary, United States Department of Education at:

Secretary, United States Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4611

Investigation of an ESEA Complaint

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

The NJDOE Executive County Superintendent will issue a Letter of Acknowledgement to the complainant within 10 calendar days of receipt of the written complaint.  This letter will contain the following information:

1. The date that the complaint was received;
2. A brief statement of the manner in which the Executive County Superintendent will investigate the complaint;
3. If necessary, a request for additional information regarding the complaint;
4. A resolution date within 45 calendar days from the date that the written complaint was received by the County Office of Education; and
5. The name and phone number of a contact person for status updates.

What happens after a written complaint alleging a violation by the NJDOE is submitted to the Assistant Commissioner of the Division of Learning Supports and Specialized Services?

When a written complaint is received, the Assistant Commissioner will assign the investigation of the complaint to the appropriate office.  That office will issue a Letter of Acknowledgement to the complainant within 10 calendar days of receipt of the complaint.  The letter will contain the following information:

1. The date that the complaint was received;
2. A brief statement of the manner in which the office will investigate the complaint;
3. If necessary, a request for additional information regarding the complaint;
4. A resolution date within 45 calendar days from the date that the complaint was received; and
5. The name and phone number of a contact person for status updates.

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

The NJDOE Executive County Superintendent will coordinate the investigation of the complaint.  When the investigation is complete, the NJDOE Executive County Superintendent will notify 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 assigned by the Assistant Commissioner will coordinate the investigation of the complaint.  When the investigation is complete, the Assistant Commissioner will notify the complainant in writing regarding the outcome of the investigation.

Resolution of an ESEA Complaint

How are violations by a public school, public school district, or other authorized agency resolved?

If the Executive County Superintendent determines a violation has occurred after conducting an investigation, the Executive County Superintendent will identify and impose the appropriate consequences or corrective action in accordance with statute and/or regulation to resolve the complaint.
If the complainant is not satisfied with the determination that is made by the Executive County Superintendent, the complainant may submit a written request for review of that determination to the Assistant Commissioner, Division of Learning Supports and Specialized Services via email at essa@doe.nj.gov with subject line "ESEA Complaint Decision Review" or via hard copy at the following address:

New Jersey Department of Education
Assistant Commissioner, Division of Learning Supports and Specialized Services
P.O. Box 500
Trenton, New Jersey 08625-0500

How are violations by the NJDOE resolved? 

If the office assigned by the Assistant Commissioner determines a violation has occurred after conducting an investigation, the Assistant Commissioner will identify and impose the appropriate consequences or corrective actions in accordance with statute and/or regulation to resolve the complaint.

ESEA Appeal Process

Can a complainant request that the NJDOE's decision be reviewed?

The complainant may request a review of NJDOE's decision by the Secretary of the United States Department of Education (USDE). The review is at the Secretary's discretion.   The complainant may send the request, reasons supporting the request, and a copy of NJDOE's resolution to the following address:

Secretary, United States Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4611 ESEA NONPUBLIC EQUITABLE SERVICESCOMPLAINTS

Submission of an ESEA Nonpublic Equitable Services Complaint

How and where should a complaint alleging a violation with respect to ESEA nonpublic equitable services be sent?

To initiate a complaint regarding the participation of nonpublic school children, including complaints regarding low-income data for nonpublic school students, a complainant must submit a written complaint to the state-appointed ESEA Nonpublic Ombudsman via email at nonpublic.ombudsman@doe.nj.gov with subject line "ESEA Nonpublic Equitable ServicesComplaint" or via hard copy at the following address:

New Jersey Department of Education
Nonpublic Ombudsman, Division of Finance
P.O. Box 500
Trenton, New Jersey 08625-0500

Investigation of an ESEA Nonpublic Equitable Services Complaint

What happens after a written complaint alleging a violation of ESEA by a nonpublic school official is submitted to the ESEA Nonpublic Ombudsman?  

The ESEA Nonpublic Ombudsman will issue a Letter of Acknowledgement to the complainant within 10 calendar days of receipt of the written complaint.  This letter will contain the following information:

1. The date that the complaint was received;
2. A brief statement of the manner in which the ESEA Nonpublic Ombudsman will investigate the complaint;
3. If necessary, a request for additional information regarding the complaint;
4. A resolution date within 45 calendar days from the date that the written complaint was received by the ESEA Nonpublic Ombudsman; and
5. The name and phone number of a contact person for status updates.

The ESEA Nonpublic Ombudsman will coordinate the investigation of the complaint.  When the investigation is complete, the ESEA Nonpublic Ombudsman will notify the complainant in writing regarding the outcome of the investigation. 

Resolution of an ESEA Nonpublic Equitable Services Complaint

How are violations submitted by a nonpublic school official resolved?

If the ESEA Nonpublic Ombudsman determines that a violation has occurred after conducting an investigation, the ESEA Nonpublic Ombudsman will identify and impose the appropriate consequences or corrective action in accordance with statute and/or regulation to resolve the complaint.

ESEA Nonpublic Equitable Services Complaint Appeal Process

Can a complainant appeal the ESEA Nonpublic Ombudsman's decision?

The complainant may appeal the ESEA Nonpublic Ombudsman's decision not later than 30 days after resolution of the complaint or not later than 30 days after the ombudsman fails to resolve the complaint within the 45-day time limit.  The complainant must appeal to the Secretary, United States Department of Education at:

Secretary, United States Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4611

The appeal shall be accompanied by a complete statement of the reasons supporting the appeal and a copy of the NJDOE's resolution, if one was issued. Pursuant to Sec. 8503 (b), the Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal.

Appendix A
Table 1 Identifies by ESEA Title Program and its associated description what is included in the complaint policy and procedures.