2415.20  EVERY STUDENT SUCCEEDS ACT
The Every Student Succeeds Act (ESSA) reauthorized the Elementary and Secondary Education Act of 1965 (ESEA).  A Board of Education shall adopt a policy and written procedures for resolving a written complaint presented by an individual or organization that alleges violations in the administration of the ESSA programs as identified by the New Jersey Department of Education (NJDOE).
Policy and Regulation 2415.20 set forth the requirements for resolving complaints presented by any individual or organization that:
1.     	A school, school district, other agency authorized by the school 		district, or by the NJDOE violated the administration of education 		programs authorized by the ESEA as amended by the ESSA; 		and/or
 	2.     	The NJDOE violated the administration of education 				programs required by the ESEA as amended by the ESSA.
Complaints regarding nonpublic school officials alleging school district noncompliance must pertain to at least one of the following three specific reasons:
1.               The school district did not engage in consultation that was 			meaningful and timely;
 
2.             	The school district did not give due consideration to the views 		of the nonpublic school officials; or

3.               The school district did not make a decision that treats the 			nonpublic school or its students equitable and in accordance 		with ESEA Section 1117 or Section 8501.        	
A complaint shall be written and must identify, at a minimum, the alleged ESEA violation; a description of previous steps taken to resolve the matter; the facts supporting the alleged violation as understood by the complainant at the time of submission; and any supporting documentation.
A complaint alleging a school in the district, school district, or other agency authorized by the school district, or the NJDOE violated the administration of a program must be submitted to the Superintendent or designee.  The Superintendent or designee shall be responsible to coordinate the investigation of the complaint.  The Superintendent or Designee shall submit a written report regarding the outcome of the investigation to the complainant. 
If the complainant is not satisfied with the outcome of the investigation by the school district, the complainant must submit a written complaint to the Executive County Superintendent for the county where the school district is located.  This process does not apply to alleged violations concerning participation of nonpublic school children.    
The Executive County Superintendent will coordinate the investigation of a complaint.  When the investigation is complete, the Executive County Superintendent will notify the complainant in writing regarding the outcome of the investigation.  If it is determined a violation has occurred, 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.
A complaint alleging the NJDOE violated the administration of a program must be submitted to the designated New Jersey Department of Education Assistant Commissioner.   The appropriate NJDOE Office assigned by the Assistant Commissioner will coordinate the investigation of a complaint.  When the investigation is complete, the Assistant Commissioner will notify the complainant in writing regarding the outcome of the investigation.  If it is determined a violation has occurred, the Assistant Commissioner will identify and impose the appropriate consequences or corrective actions as required by statute and/or regulation to resolve the complaint. 
 
If a complainant does not agree with the NJDOE’s decision, the complainant may appeal to the Secretary of the United States Department of Education.
 
To initiate a complaint regarding participation of nonpublic school children, a complainant must submit a written complaint to the NJDOE Nonpublic Ombudsman in accordance with NJDOE procedures.

New Jersey Department of Education Elementary and Secondary Education Act (ESEA) Complaint Policy and Procedure

Date Adopted:  September 17, 2007
Revised:  March 16, 2021