1. Guidelines
When a complaint cannot be resolved at the LEA level, the
complaint must be submitted in writing to the Mississippi Department of
Education, Office of Federal Programs. Persons issuing verbal complaints will
be asked to complete a written complaint form prior to any official
investigation, or assisted with the completion of the complaint form.
The complaint must include the name and address of the
person submitting the complaint and a description of the complaint. The
complaint must also include a statement which assures that to the best of the
complainant's knowledge, the agency has violated a requirement of a federal
statute or regulation that applies to an applicable program. In addition, the
facts on which the statement is based and the specific requirement allegedly
violated must be included.
Complaints should be sent to the Bureau Director, Office of
Federal Programs. The mailing address is: Mississippi Department of Education,
Office of Federal Programs, Suite 111 Central High School, Post Office Box 771,
Jackson, Mississippi 39205-0771. The office may also be contacted via telephone
at (601) 359-3499.
2.
Procedure for Complaints
a. In the first
level of review, a complaint shall be answered by the Bureau Director, with
assistance from staff.
b. The
Bureau Director shall determine whether additional information is necessary, if
so appropriate program staff will notify the agency involved, and conduct an
onsite review investigating the complaint.
c. The Bureau Director shall determine
whether additional information is necessary. If there are serious violations,
verified after the on-site review, then the information gathered will be
forwarded to other appropriate offices or organizations.
d. Once the investigation has been completed,
the Office of Federal Programs will issue a letter stating the findings of
facts. The letter stating the findings of fact shall be mailed no later than 60
calendar days from the date the Office of Federal Programs receives the
complaint in writing.
e. If areas
of noncompliance are found, corrective action will be required and timelines
for completion indicated. All parties will be informed of the areas of
noncompliance and the required corrective actions.
f. The Office of Federal Programs may extend
the 60-day timeline, if exceptional circumstances exist. Examples of
exceptional circumstances may be, but not limited to:
i. The complexity of the issues;
ii. The need for additional information;
and/or
iii. The unavailability of
any of the necessary parties.
3. Appeals
a. An individual may appeal an administrative
determination of the Bureau Director. The individual must submit the appeal in
writing to the address above. The appeal must be postmarked no later than 25
calendar days after the date the Bureau Director's determination is made.
b. A final decision on the
complaint shall be made after consulting with the State Superintendent of
Education or designee.
c. The State
Superintendent of Education shall provide written notification to the
individual who submitted the complaint about the disposition of the complaint
no later than 30 days after final action.
d. The complainant has the right to request
the U.S. Secretary of Education to review the decision of the Mississippi State
Department of Education. This review is at the U.S. Secretary's discretion.
e. In matters involving violations
of section 9503 (participation of private school children), the complainant has
the right to request the U.S. Secretary of Education to review the decision of
the Mississippi State Department of Education. The U.S. Secretary will follow
the procedures in section 9501(b).
