3)      A statement identifying those parts of the local School District's response which the party wishes to appeal.

Filing Complaints/Appeals with the New York State Education Department

The State Education Department will review complaints when the complaint pertains to:

1)      The  State's  administration  of  the  ESEA  Title  I  Basic  Grant,  Migrant  Education,  or

Neglected or Delinquent Program; or

2)      Anappeal from the decision of a local School District regarding an action by the LEA.

     Note:

Complaints which do not meet any of the above criteria, including complaints concerning the LEA's administration of its Title I Program, will be referred for possible resolution to the local School District against whom the complaint is made.

An appeal must be requested and postmarked within twenty (20) business days of receipt of the

LEA's response to the original complaint.

Within sixty (60) business days of the receipt of the complaint/appeal, the Department staff will complete an on-site review (if necessary) and/or records examination and will notify all parties of its findings.  Anextension  of  the  60-day  complaint  resolution  period  is  permitted  under  CPR  Part

299.11(b), for exceptional circumstances.

Complaints/appeals should be sent to:

New York State Education Department

Title I School &Community Services Office

Room365  EBA

89 Washington Avenue

Albany, NY 12234

The Title I representative in the NYSED office who is assigned as the program manager for the District against which the complaint is made and such other Department staff as may be appropriate shall conduct the review of complaints or appeals.

The Department's response shall contain:

1)     The names of persons interviewed;

2)     The records or other evidence examined;

3)     Relevant dates/times/locations/events;

4)      Summary of findings; and

5)     Nature of corrective action to be taken including applicable timelines.

Failure of the local School District to take corrective action within the time period stipulated in the complaint resolution shall be cause to withhold all, or a portion of, the ESEA Title I allocation to the District.                                                                                                                              ·

Copies of correspondence, related documents, investigative reports, and summary reports involved in the complaint/appeal resolution will be maintained at the New York State Education Department for five years. Records will be made available to interested parties in accordance with the provisions ofthe New York State Freedom oflnformation Law (Public Officers Law Sections 84-89).

Extensionof 60-Day Limit

The Department has determined that exceptional circumstances may include, but need not be limited to, such occurrences as:

1)     Illness of involved parties;

2)       Cancellation of scheduled on-site reviews due to unscheduled school closings;

3)     The need for extended review activities beyond those specified in the written notification;

and/or

4)      Any othyr mutual agreement to changes in review scope or activity.

When exceptional circumstances are identified, the revised date for the completion of the complaint review will be provided in writing to all parties involved in the complaint or appeal.