2261 - PROCEDURE FOR COMPLAINTS OR APPEALS UNDER THE ESSA
The following complaint resolution guidelines are established pursuant to the Every Student Succeeds Act (ESSA), which amended and reauthorized the Elementary and Secondary Education Act of 1965 (ESEA), and the applicable Federal and Department of Public Instruction (DPI) regulations (the Department). They are created for the use of individuals or organizations who wish to register a complaint that the State Education Agency (SEA) (DPI) or local education agency (school district) has violated laws and/or regulations governing State-administered programs funded under ESSA.
Filing an Appeal or Complaint
The following procedures for filing a complaint or appeal alleging a violation of Federal law or regulation by the DPI or the District in the administration or implementation of the State-administered programs funded under the ESSA shall be followed.
The DPI will respond to all written signed complaints filed with the department; it will respond to all requests to review a problem referred by the United States Department of Education (USDE).
The written complaint or appeal must include:
a statement that the State or the District has violated a requirement of a Federal statute or regulation that applies to any applicable program listed above;
the facts on which the statement is based, i.e. sufficient information as to when, where, and the nature of activity that is perceived to be in violation of law and/or regulation;
a description of any relief sought.
If the complainant or appellant is a minor, the complaint or appeal shall also be signed by his/her parent, unless the statute or rule under which the complaint or appeal is filed prohibits this requirement. Appeals shall be directed to:
Federal Policy Advisor
Wisconsin Department of Public Instruction
P.O. Box 7841
125 S. Webster Street
Madison, WI 53707-7841
Administrative Review of Appeal or Complaint
The following procedures will be used in the administrative review of any appeal or complaint filed pursuant to "Filing an Appeal or Complaint" above.
If the complaint relates to an alleged violation by the District, and the School Board has not ruled on the complaint, the Wisconsin Department of Public Instruction (DPI) may remand the complaint to the Board for its disposition. If the complainant is not satisfied with the Board’s determination on remand, the complainant may file an appeal of that decision with the DPI within thirty (30) days of the date of the Board's decision.
Upon receipt of a complaint, the DPI shall conduct an internal review.
After completion of the internal review, the DPI will arrange for an on-site investigation when deemed necessary. Prior to the on-site investigation, the DPI shall, by letter, establish, schedule, and clarify the fact-finding process including:
personnel to be interviewed; time; location;
material/records, documentation to be reviewed;
informing all parties that they may recommend other appropriate personnel to be interviewed that are directly related to the allegations contained in the complaint. Appropriate verbal and written assistance for limited English proficient individuals, hearing and/or visually impaired individuals should be included in the procedure.
If the complaint or appeal concerns implementation of the State Assessment Program, there is a preliminary indication of District non-compliance, and the Board requests a hearing or a petition signed by the proper number of electors under Secs. 8.10(3)(i)(km) or (ks) Stats. has been filed, the State Superintendent shall conduct a public hearing in the School District as provided in Sec. 121.02(3) Stats. The provisions of Sec. 121.02(3) Stats. shall apply, except that the results of examinations under the State Assessment Program shall not be used in determining general or categorical State aids.
The DPI may apply any of the procedures available under P.I. 1.04 Wis. Admin. Code, including a hearing, the granting of protective orders, or mediation under P.I. 1.06 Wis. Admin. Code, and order such relief as authorized by law or determined appropriate.
Timelines of Appeal and Complaint Procedure
The following timelines to resolve an appeal or complaint filed under this procedure are established.
The time limit for resolving the complaint in writing, including a provision for carrying out an independent on-site investigation, if necessary, after the DPI receives a complaint shall not exceed sixty (60) State agency workdays.
An extension of the time limit under paragraph (A) of this section applies only if exceptional circumstances exist with respect to a particular complaint.
Should exceptional circumstances exist with respect to the nature of the particular complaint filed, an extension of time may be necessary and will be granted or denied as determined by the DPI. Complainant and other involved parties will be advised accordingly.
When the complaint is related to a short-term program, the DPI will employ an emergency status timeline and make every effort to resolve the complaint within a period of ten (10) days from receipt.
Review of DPI's Final Decision
Complainants shall be notified and have the right to request the Secretary (of the United States Department of Education) to review the final decision of the DPI, at the Secretary’s discretion.
In matters involving violations of Title VIII, Part F, Section 8501 (participation by private school children and teachers), the Secretary will follow the procedures in Section 8503.
The DPI reserves the right to request the Secretary of Education to review the final decision of the State.
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