A Microsoft Word version of this letter is available for download and PRINTING.

November 22, 2010

TO THE ADMINISTRATOR ADDRESSED:

SUBJECT:  SES Provider Complaint Resolution Process

This letter provides parents, providers of supplemental educational services (SES), regional education service centers, and local education agencies (LEAs) with important information about the state level complaint resolution process concerning the SES providers under the No Child Left Behind Act (Act).

The Texas Education Agency (TEA) strongly supports and encourages the resolution of concerns between parents, organizations, and schools as soon as they arise and at the lowest level possible in order to meet the educational needs of our students.  While any concerns are under review or in the process of local or state-level resolution, students must continue to receive educational programs and services without delay or interruption, and all invoices for services rendered must continue to be paid in an expeditious manner.

TEA has adopted written procedures for the resolution of complaints alleging a violation of a requirement under the Act.  As part of its procedures, TEA requires the LEA to receive and resolve the complaint under local policy and procedures prior to TEA intervention or investigative review [20 USC 7844, Sec 9304 (a)(3)(C), of the Elementary and Secondary Education Act (ESEA)].

SES Complaints
A written complaint about a violation of the federal statute or state requirements would be accepted by TEA; however, disputes under LEA contracts would not be resolved by TEA. TEA staff will refer requests for technical assistance in resolving concerns to the state’s School Improvement Resource Center (SIRC), administered by Education Service Center Region XIII.

State-level Procedures

A. Complaints about LEA
The LEA’s local complaint process must be exhausted. Complaints alleging that the LEA contract terms violate the Act may be sent to TEA.  TEA will not resolve factual disputes under the contracts.

B. Complaint about SES provider
The LEA’s local complaint process must be exhausted.  Complaints may be filed with TEA to request the removal of the SES provider from the state-approved list on the basis of a violation of the Act or state requirements. TEA will accept complaints that include written findings and documentation of LEA dispute resolution.

Complaints may be sent to TEA by mail, fax, or email:

Correspondence and Complaints Management
Office of the Commissioner
Texas Education Agency
1701 N. Congress Avenue
Austin, Texas 78701
Fax (512) 463-9008 or Email complaintsmanagement@tea.state.tx.us

Additional information and resources are available through the Division of NCLB Program Coordination at http://www.tea.state.tx.us/index4.aspx?id=4261&menu_id=798.

If you have any questions or need further clarification about this information, please contact
Emi Johnson, Director of Complaints Management, at (512) 463-9342 or by email at emi.johnson@tea.state.tx.us.

Sincerely,

Robert Scott
Commissioner of Education

RS/ej