Filing a Formal Complaint Against an Accredited Center
NAEYC's Complaint Policy
(Source: Accreditation Criteria and Procedures of the National Academy of Early Childhood Programs, NAEYC, 1998, p. 10.)
The Academy retains the right to initiate a review of the accreditation of a program at any time on the basis of evidence of non-compliance with its Criteria. On the basis of information that is filed in a written complaint, the Academy may require that the program respond in writing and/or submit to an unannounced site visit. In such an event, the program will be offered an opportunity to be reevaluated. During this time, accreditation status is "under review". If the program refuses to comply with these procedures by failing to respond or submit to a site visit, accreditation is withdrawn.
The Academy reserves the right to immediately act on any complaint that reveals or suggests any potentially illegal or improper conduct in the program, without investigation or prior notice to the program. Actions so taken will be based on a determination that the nature of the complaint reasonably threatens the physical and mental safety and well-being of children and that the circumstances warrant immediate action. In appropriate situations, law enforcement or other local authorities will be contacted directly. The Academy will have no responsibility for actions so taken.
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Process for Handling Complaints
The Academy has the right and responsibility to review complaints that are filed according to procedures. The Academy will investigate the subject matter of the complaint or initiate an inquiry pursuant to this policy and provide the program an opportunity for due process. The Academy reserves the right to take action regarding a program's accreditation status as a result of matters brought to our attention through the complaint process. This action may include revocation or denial of accreditation. If the program refuses to comply with these procedures by failing to respond to the investigation, accreditation is withdrawn.
In evaluating a complaint, the Academy also has a responsibility to consider the immediate risk to the safety and well-being of the children. To this end, any complaint that contains evidence or credible allegations of illegal conducts or circumstances, which threaten the safety or well being of the children, may be acted upon immediately without investigation or prior notice. The Academy reserves the right in such situations to contact law enforcement or other local authorities directly.
Jurisdiction
The Academy has jurisdiction over complaints alleging non-compliance with the Criteria. The Academy reserves the right to reject complaints that are not specific to the subject matter of the Criteria. The Academy does not act on complaints in matters of admission, fees, staff appointments, promotions, dismissal or similar matters.
The Academy is not an enforcement agency. Concerns or allegations regarding misconduct of any person at a program or the physical facility in which it operates should be directed to the appropriate local authority for possible action. In situations where illegal conduct is found or the safety of the children is at issue, action should be immediately taken by notification of the appropriate law enforcement or other local authority.
Anonymous Complaints
Except where the safety of a child is implicated in a complaint or it potentially illegal conduct is disclosed, the Academy will not act upon anonymous complaints. If information that is available in the public domain is provided anonymously, the Academy may initiate an inquiry based upon the information.
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Procedures for Filing Complaints
The complainant must have exhausted all possible strategies within the program to resolve the situation, such as talking to the teacher, the director, the board, or other administrative organizations, prior to filing a formal complaint with the Academy. Complaints against NAEYC-accredited programs must be submitted to the Academy in writing. Complaints must:
be submitted on the Accredited Program Feedback Form;
be written and signed;
identify the program represented by the complaint and describe the specific matters of the complaints, including all relevant names and dates; and
include substantial evidence that the program is not in compliance with the Criteria.
No complaint will be invalid solely because it fails to satisfy the above requirements; the Academy reserves the right to accept any complaint, which communicates noncompliance.
Confidentiality
Except where the safety of a child is implicated or potentially illegal conduct is disclosed, communications regarding complaints are confidential and not shared with the public. If following a review of these policies and procedures, you wish to submit a complaint, please download the Accredited Program Feedback Form. Remember that:
complainants must have exhausted all possible strategies within the program prior to filing a complaint,
complaints must be signed, identify the program represented by the complaint and describe the specific matters of the complaints, including all relevant names and dates; and
complaints must include substantial evidence that the program is not in compliance with the Criteria
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Academy Response to Complaints
The Academy will acknowledge receipt of written complaints within 30 days of their receipt.
Complaints outside of the Academy's jurisdiction. If the Academy determines that the complaint is irrelevant or not within the criteria, the matter is closed and the complainant is notified that no action will be taken.
Incomplete complaints. If all criteria for filing a complaints have not been met or if additional information and or documentation is needed to determine whether further action will be taken, the complainant will be notified and asked to supply the missing information and/or documentation. No action will be taken on the complaint until the necessary information/ documentation is received. If the missing information is not provided within 30 days, the complaint will be deemed withdrawn.
Complaints within the Academy's jurisdiction. If the Academy determines that the complaint or documentation received could affect the program's accreditation status, an investigation or inquiry is conducted.
Special Circumstances. Notwithstanding the foregoing, any complaint that reveals or suggests any potentially illegal or improper conduct in the program or threatens the safety or well-being of the children, may be acted upon immediately and without investigation or prior notice to the program by contact of local law enforcement or other authorities directly. If appropriate under these circumstances, the Academy will endeavor to notify the program as well. Neither the Academy nor its representatives will have any liability or obligation to any program or any other person for any actions so taken.
Investigation/Inquiry
Notification of Program. The Academy notifies the program of the complaint within 30 days of its receipt. Written notification includes a summarized description of the alleged issues and identifies the specific Criteria that are alleged to be in non-compliance. Academy correspondence shall include:
Notification that a response from the program is required within 30 days of receipt of the letter;
Notifications that information submitted by the program in response to the complaint will became part of the program's file; and
A copy of the NAEYC Complaint Policy and Procedures.
Program Response. The program is required to submit a written response to the Academy within 30 days of its receipt of the notification of the complaint.
Admission of Allegations. If the program indicates that the allegations are justified, they must provide the Academy with information that indicates what actions have been taken to rectify the situation. The response should include documentation to support the claim.
Denial of Allegations. If the program states that the allegations are not true, they must provide the Academy with a written response indicating their rationale and explanation as to why the situation does not constitute non-compliance with the Criteria. The response should include documentation to support the claim.
No Response. If the program fails to respond within the 30-day time period, the Academy forwards a second letter notifying the program that they have 5 days in which to file a response or the matter will be forwarded to the Commission to begin the revocation of accreditation.
Review of Complaint Inquiry
The Academy reviews the complaint and any response to the allegations received from the program. The Academy may:
Close the matter if it decides no further action or investigation is warranted
Pursue the matter further by conducting an on-site verification visit to obtain additional information. The program is provided an opportunity during the visit to respond verbally or in writing to any Criteria that were not found to be in compliance.
Make recommendations for improvement to bring the program in compliance with the Criteria.
Revoke accreditation based on the determination by the Commission that the program is not in substantial compliance with Criteria.
The Academy reserves the right to revoke accreditation immediately and without regard to the foregoing procedures if the Academy determines in good faith that special circumstances exist and that the natures of the act, the potential harm to any child or the integrity of the accreditation function of the Academy warrant immediate revocation.
Notification of Decision
The program shall be notified in writing of any actions or decisions taken as a result of the complaint process. The final decision regarding the complaint will be communicated in writing to the complainant and the program. If the decision is made to revoke accreditation, the Academy will notify the public of the change in accreditation status.
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