Federal Programs » Federal Programs Complaint Process

Federal Programs Complaint Process

Complaint Resolution Process

Norwin School District
281 McMahon Drive
North Huntingdon, PA 15642
 
Introduction

ESEA, as amended by the Every Student Succeeds Act (ESSA), requires Local Educational Agencies (LEAs) to adopt written procedures for “receiving and resolving any complaint alleging violations of the law in administration of programs.” In accordance with this legislative requirement, the Pennsylvania Department of Education (PDE) Division of Federal Programs and the Norwin School District have adopted the following procedures.

Definition

A “complaint” is a written, signed statement filed by an individual or an organization. It must include:
  1. A statement that PDE or a Local Educational Agency (LEA) has violated a requirement of federal statute or regulations which apply to programs under the ESEA, as amended by the ESSA.
  2. The facts on which the statement is based.
  3. Information on any discussions, meetings or correspondence with PDE or the LEA regarding the complaint.
Complaint Resolution Procedures

1) Referral: Complaints against the Norwin School District will be received in writing by the Federal Programs Coordinator.

2) Acknowledgement: The Federal Programs Coordinator will acknowledge receipt of the complaint in writing.

3) Investigation: The Federal Programs Coordinator will thoroughly investigate the complaint and attempt to resolve the complaint informally. If an informal resolution satisfactory to the complainant is reached, no further investigation or action by the District is required. If the problem cannot be informally resolved, it will be referred to the Assistant Superintendent.

4) Opportunity to Present Evidence: The Assistant Superintendent may, in his or her discretion, provide for the complainant and/or the complainant’s representative to present evidence. Such a presentation may include the opportunity for each side to question parties to the dispute and any of their witnesses.

5) Report and Recommended Resolution: Once the Assistant Superintendent has finished further investigation and taking of evidence, he or she will prepare a final report with a recommendation for resolving the complaint. The final report will give the name of the party bringing the complaint, the nature of the complaint, a summary of the investigation, the recommended resolution, and the reasons for the recommendation. The Assistant Superintendent will issue the report to the complainant, complainant’s representative, Superintendent, and the Federal Programs Coordinator.

6) Appeal to the Superintendent of Schools: The complainant may appeal to the Superintendent of the Norwin School District after the recommended resolution is made and before an appeal is forwarded to the Secretary of the Commonwealth.

7) Right to Appeal: In appropriate cases, the complainant may appeal from the recommended resolution to the Secretary of the Education of the Commonwealth. The procedures are as follows:
  1. Complaints against the Norwin School District (NSD) or appeals from NSD decisions regarding complaints will be referred to the Regional Coordinator (RC) for the NSD against which the complaint has been filed.
  2. The RC will notify NSD’s superintendent or chief administrative officer that a complaint or appeal has been received, will provide a copy, and will direct the NSD to respond. 
  3. After receiving the NSD’s response, the RC will determine whether further investigation is necessary. If necessary, the RC may carry out an independent investigation on-site at the NSD.
  4. The RC may, in his or her discretion, provide for the complainant, the complainant’s representative, or both, and the NSD to present evidence. Such presentation may include the opportunity for each side to question parties to the dispute and any of their witnesses.
  5. Once the RC has finished any investigation and taking of evidence, he or she will prepare a final report with a recommendation for resolving the complaint or appeal. The final report will give the name of the party bringing the complaint or appeal, the nature of the complaint or appeal, a summary of the investigation, the recommended resolution, and the reasons for the recommendation. The RC will issue the report to all parties to the complaint or appeal. The recommended resolution will become effective upon issuance of the final report.
  6. The RC will insure that the resolution of the complaint or appeal is implemented.
  7. The period between PDE’s receipt of a complaint or appeal and its resolution shall not exceed forty-five (45) calendar days unless exceptional circumstances exist. 
  8. Either party may appeal the final resolution to the United States Secretary of Education.
 
8) Follow-Up: The Assistant Superintendent will insure that the resolution of the complaint is implemented.

9) Time Limit: The period between Norwin School District’s receipt of a complaint and its resolution shall not exceed forty-five (45) calendar days.

Filing a Complaint

Complaints should be addressed as follows:

Dr. Heather Newell
Federal Programs Coordinator
Norwin School District
281 McMahon Drive
North Huntingdon, PA 15642

Dr. Natalie A. McCracken
Assistant Superintendent
Norwin School District
281 McMahon Drive
North Huntingdon, PA 15642

Susan McCrone
Division Chief
Division of Federal Programs
Pennsylvania Department of Education
333 Market Street, 7th Floor
Harrisburg, PA 17126-0333