Grant Funded Programs

The Every Student Succeeds Act (ESSA) is a law that outlines how states and school districts may use Federal funds to support schools. New York State's ESSA plan was approved by the U.S. Department of Education in January 2018. The plan emphasizes equity in education for all students and expands measures for school accountability and student success. Fundamentally, ESSA is about creating a set of strategies to promote educational equity by providing funding to school districts to ensure that every child succeeds. 

The Irvington Union Free School District receives and administers ESSA funding for the following federal grants:

• Title I, Part A: Improving Basic Programs
• Title II, Part A: Supporting Effective Instruction
• Title IV: Student Support and Academic Enrichment
• McKenney Vento Education for Homeless Children and Youth

The McKinney-Vento Act states that children and youth who lack “a fixed, regular, and adequate nighttime residence” will be considered homeless.

McKinney-Vento eligible students have the right to:

• receive a free, appropriate public education;
• enroll in school immediately, even if lacking documents normally required for enrollment,   or having missed application or enrollment deadlines during any period of homelessness;
• enroll in school and attend classes while the school gathers needed documents;
• continue attending the school of origin, or enroll in the local attendance area school if   attending the school of origin is not in the best interest of the student or is contrary to the   request of the parent, guardian, or unaccompanied youth;
• receive transportation to and from the school of origin, if requested by the parent or   guardian, or by the local liaison on behalf of an unaccompanied youth; and
• receive educational services comparable to those provided to other students, according   to each student’s need.

Transportation Eligibility:

Under the McKinney-Vento Act and N.Y. Education Law § 3209, a student in temporary housing is entitled to transportation to their school of origin. Transportation protections include:

• Transportation to the school the student attended when they were last permanently housed up to 50 miles each way, or to the most recent school they attended, even if the school is in a different school district from where the student is temporarily living;
• Continued transportation to the same school for the rest of the academic year when the student moves into permanent housing, even if the new housing is located outside of the school district;
• In New York State, transportation is also provided for an extra year after the student moves into permanent housing if the extra year is the student's final year in the school building (for example, 12th grade);
• If a student in temporary housing attends school in the same district where they are temporarily housed, then they can get the same transportation as their permanently housed peers. If permanently housed students don't have transportation, and the lack of transportation creates a barrier for a student in temporary housing, then the district has to supply transportation to overcome the barrier;
• Transportation to extracurricular activities if the lack of transportation would be a barrier to the student participating.

In New York State, the school district where the student attends school is the district that is responsible for providing transportation. Sometimes, the local department of social services (DSS) is responsible for transportation - for instance, where the student has been placed in a shelter outside of the school district and the student is eligible for Emergency Assistance for Families. The local DSS can meet their responsibility by asking the school district to supply the transportation and reimbursing the school district for the costs.

New York State Education Department (NYSED) requires schools adopt mandated procedures for receiving and resolving complaints and for reviewing appeals from decisions about the use of Title I funds for Academic Intervention Services. Complaints concerning violations of ESSA Title I, Parts A, C, and D, or of the General Education Provisions Act or of Section 100.2(ee) Academic Intervention Services of the Regulations of the Commissioner are covered by these procedures.

School Districts must disseminate free of charge, adequate information about the State Complaint and Appeal Procedures to parents of students, and appropriate private school officials or representatives.

Click here to access the NYSED Complaint Procedure website.

 

Procedures for Filing Complaints/Appeals with IUFSD
Who may submit a complaint?
Any public or nonpublic school parent or teacher, other interested person, or agency may file a complaint.

What must a complaint contain?

• All complaints must be written.
• Be signed by the person or agency representative filing the complaint; specify the requirement of law or regulation being violated and the related issue, problem, and/or the concern;
• Contain information/evidence supporting the complaint; and
• State the nature of the corrective action desired.

What must an appeal from IUFSD response contain?

• A copy of the original signed complaint;
• A copy of the IUFSD response to the original complaint or a statement that the IUFSD failed to respond in 30 business days.
• A copy of the IUFSD and the Department of Education's response to the original complaint or a statement that the Department of Education failed to respond within 30 business days; and a statement identifying those parts of the LEA's response which the party wishes to appeal.

Where should a complaint/appeal to the IUFSD be sent?
Complaints/appeals regarding the IUFSD's administration and implementation of its ESEA Title I Grant or Academic Intervention Services for students identified under Commissioner's Regulations Part 100 should be sent first to the School Superintendent of the IUFSD. The LEA has a thirty (30) business day period in which to resolve a complaint.

If the local district fails to resolve the complaint within 30 business days, or fails to resolve the issue to the satisfaction of the complainant, the complaint should be sent to the Title I School and Community Services Office, Room 365 EBA, New York State Education Department, 89 Washington Avenue, Albany, NY 12234. Procedures for Filing Complaints/Appeals with the New York State Education Department:

The State Education Department will review complaints when the complaint pertains to:

• The State's administration of the ESEA Title I Basic Grant, Migrant Education, or Neglected or Delinquent Program;
• An appeal from the decision of an IUFSD regarding an action by the IUFSD.

Complaints that do not meet any of the above criteria, including complaints concerning the IUFSD's administration of its Title I Program, will be referred for possible resolution to the IUFSD against whom the complaint is made.

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What timelines pertain to the State Education Department's review of complaints/appeals from an IUFSD action?

Within 60 business days of the receipt of the complaint/appeal, Department staff will complete an on-site review (if necessary) and/or records examination and will notify all parties of its findings. An extension of the 60-day complaint resolution period is permitted under CFR Part 299 .11 (b), for exceptional circumstances.

Where shall complaints or appeals to the State Education Department be sent?
New York State Education Department
Title I School & Community Services Office
Room 365 EBA
89 Washington Avenue
Albany, NY 12234

How long does a public or nonpublic teacher, parent, or agency have to file an appeal from a decision of the IUFSD?

An appeal must be requested and postmarked within 20 business days of receipt of the IUFSD's response to the original complaint.

Who shall conduct the review of complaints or appeals?
The Title I representative in the State Education Department office who is assigned as the program manager for the IUFSD against which the complaint is made and other Department staff as may be appropriate shall conduct the review of complaints or appeals.

What shall the State Education Department's response to the complaint contain?
The Department's response shall contain:

• The names of persons interviewed;
• The records or other evidence examined;
• Relevant dates/times/locations/events;
• Summary of findings ; and
• Nature of corrective action to be taken including applicable timelines.

How will State Education Department staff monitor the timely and appropriate implementation of the corrective actions called for in the complaint/appeal resolution?
Failure of the IUFSD to take corrective action within the time period stipulated in the complaint resolution shall be cause to withhold all, or a portion of, the ESEA Title I allocation to the IUFSD.

Does the State Education Department maintain a record of all complaints/appeals?

Yes. Copies of correspondence, related documents, investigative reports, and summary reports involved in the complaint/appeal resolution will be maintained by the State Education Department for five years. Records will be made available to interested parties in accordance with the provisions of the New York State Freedom of Information Law (Public Officers Law Sections 84-89).

What shall constitute exceptional circumstances for extending the 60-day limit for State Education Department review of complaints and appeals for relief from an LEA action?

The State Education Department has determined that exceptional circumstances may include, but need not be limited to, such occurrences as:

• illness of involved parties;
• cancellation of scheduled on-site reviews due to unscheduled school closings;
• the need for extended review activities beyond those specified in the written notification; 
• any other mutual agreement to changes in review scope or activity.

When exceptional circumstances are identified, the revised date for the completion of the complaint review will be provided in writing to all parties involved in the complaint or appeal. All parties to the complaint have the right to initiate a request for an extension beyond the 60 business day complaint resolution period based on exceptional circumstances. All such requests must be presented to the State Education Department.Procedures for Adjudicating Appeals from the Decision of the State Education Department.

May a person/agency dissatisfied with the State Education Department's complaint resolution file an appeal?

Yes, parties dissatisfied with the State Education Department's complaint resolution may file an appeal directly with the United States Department of Education at:
United States Department of Education
Compensatory Education Programs
400 Maryland Avenue, S.W.
Room 3W230, FOB #6
Washington, D.C. 20202-6132