• As required by the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001

    Background Information

    Section 9304(a)(3)(C) of the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001 (P.L. 107-110) requires states to adopt written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs in P.L. 107-110.  North Carolina State Board of Education policy #EEO-E-001 outlines the procedures to be followed in resolving complaints alleging violations of requirements of the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001. 

    The State Board’s complaint resolution policy can be viewed by going to the NCSBE Policy Manual Table of Contents at http://sbepolicy.dpi.state.nc.us.  Click on “EEO Series” to access the Effective and Efficient Operations policies.  Click on “EEO-E” to access the federal programs policies.  Click on policy “EEO-E-001” to view the State Board’s policy on resolution of complaints for federal programs.

    To learn more about the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001, go to the North Carolina Department of Public Instruction’s website at http://www.ncpublicschools.org/nclbor the U. S. Department of Education’s website at http://www.ed.gov/index.jhtml.


    Major Programs Included in the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001

    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, Redesignations, and Amendments to Other Statutes
    Title X, Part C McKinney-Vento Homeless Education Assistance Improvements


    Complaint Procedures

    Individuals filing complaints must include the following written information:

    • The name of school system, school, or school system employee alleged to have violated a specific federal requirement in the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001;
    • The specific requirement alleged to have been violated;
    • The facts on which the complaint is based; and
    • What you expect the resolution of the alleged violation to be.

    Complaints, which must be signed by the person(s) filing the complaint, are to be sent to:

    Office of the State Superintendent
    North Carolina Department of Public Instruction
    6301 Mail Service Center
    Raleigh, North Carolina 27699-6301.

    Written complaints will be forwarded to the appropriate North Carolina Department of Public Instruction staff member for review and response.  If additional information is needed, the staff member assigned to review the complaint will contact the person alleging the violation of federal requirements in the Elementary and Secondary Act of 1965 as amended by the No Child Left Behind Act of 2001.  For this reason, a telephone number or e-mail address of the person alleging the violation must be included with the complaint.  Failure to provide a telephone number or e-mail address mail result in the North Carolina Department of Public Instruction not being able to adequately respond to the complaint.


    Complaint Resolution

    Complaints will be responded to within 60 days of receipt, unless an extension is needed because of extenuating circumstances.  Complainants will be notified if an extension will be needed and the reasons for the extension.  The written resolution will include:

    • A summary of the facts;
    • A statement of the federal requirements involved;
    • The North Carolina Department of Public Instruction’s finding of fact and a summary of the evidence it considered;
    • The North Carolina Department of Public Instruction’s conclusions regarding each allegation and a summary of the reasons for these conclusions; and
    • The North Carolina Department of Public Instruction’s order for any technical assistance, negotiation, or corrective action that must occur and when these actions must occur.

    The written resolution will be mailed to the complainant and the superintendent or charter school lead administrator against whom the allegations were made.


    Preliminary Steps

    Every effort should be made to resolve the issue at the local level before filing a formal complaint with the North Carolina Department of Public Instruction.  This can include meeting with the principal, central office staff, or local board of education to address the alleged violation.  Only once all local remedies have been exhausted should a formal complaint be submitted to the North Carolina Department of Public Instruction.


    Questions

    If you have questions about this process, please call the NCLB Coordinator at 919.807.3827