Georgia Department of Education
Complaint Procedures under the No child Left Behind Act
Section 9304- General Applicability of State Educational Agency Assurances
Section 9503- Complaint Process for Participation of Private School Children

A. Grounds for a Complaint

Any individual, organization or agency ("complainant") may file a complaint with the Georgia Department of Educations ("Department") if that individual, organization or agency believes and alleges that a local educational agency ("LEA"), the state educational agency ("SEA"), or an agency or consortium of agencies is violating a Federal statute or regulation that applies to a program under the No Child Left Behind Act. The complaint must allege a violation that occurred not more than one (1) year prior to the date that the complaint is received, unless a longer period is reasonable because the violation is considered systemic or ongoing.

B. Federal Programs for Which Complaints Can Be Filed

1. title I, Part A: Improving Basic Programs Operated by Local Educational Agencies
2. Title I, Part B, Subpart 3: Even Start Family Literacy
3. Title I, Part C: Education of Migrant Children
4. Title I, Part D: Prevention and Intervention Programs for children and Youth Who Are Neglected, Delinquent, or At-Risk
5. Title I, Part F: Comprehensive School Reform
6. Title II, Part A: Teacher and Principal Training and Recruiting Fund
7. Title II, Part D: Enhancing Education Through Technology
8. Title III, Part A: English Language Acquisition, Language Enhancement, and Academic Achievement
9. Title IV, Part A, subpart 1: Safe and Drug Free Schools and Communities
10. Title IV, Part A Subpart 2: Community Service Grants
11. Title IV, Part B: 21^st Century Community Learning Centers
12. Title V, Part A: Innovative Programs
13. Title VI, Part A, Subpart 1, Section 6111: State Assessment Program
14. Title VI, Part A, Subpart 1, Section 6112: Enhanced Assessment Instruments Competitive Grant Program
15. Title VI, Part B, Subpart 2: Rural and Low-Income Schools
16. Title IX, Part E, Subpart 1, Section 9503: Complaint Process for Participation of Private School Children
17. Complaints Originating at the Local Level

As part of its Assurances within NCLB program grant applications and pursuant to Section 9306 of the No Child Left Behind Act, an LEA accepting federal funds also agrees to adopt local written procedures for the receipt and resolutions of complaints alleging violations of law in the administration of covered programs. Therefore, for complaints originating at the local level, a complaint should not be filed with the Department until every effort has been made to resolve the issue through local written complaint procedures. If the complainant has tried to file a complaint at the local level to no avail, the complainant must provide the Department with written proof of their attempt to resolve the issue at the local level.

  18. Filing a Complaint

A complaint must be made in writing and signed by the complainant. The complaint must include the following:

1. A statement that the LEA, SEA, agency or consortium of agencies has violated a requirement of a Federal statute or regulation that applies to an applicable program;
2. the date on which the violation occurred:
3. the facts on which the statement is based and the specific requirement allegedly violated (include citation to the Federal statute or regulation);
4. A list of the names and telephone numbers of individuals who can provide additional information;
5. Whether a complaint has been filed with any other government agency, and if so, which agency;
6. Copies of all applicable documents supporting the complainant's position; and
7. The address of the complainant. The complaint must be addressed to:

Once the complaint is received by the Office of Legal Services, it will be copied and forwarded to the appropriated Federal Program Manager.

19. Investigation of Complaint

Within ten (10) days of receipt of the complaint, the General Counsel or his or her designee will issue a Letter of Acknowledgement to the complainant that contains the following information:

1. The date the Department received the complaint;
2. How the complainant may provide additional information;
3. A statement of the ways in which the Department may investigate or address the complaint; and
4. Any other pertinent information.

If the complaint involves a LEA, the Department will also send a copy of the Letter of Acknowledgement to the local superintendent, along with a copy of the complaint. The Department will contact the LEA to clarify the issues and review the complaint process. If the complaint cannot be resolved through this contact, the Department will invite the LEA to submit a written response to the Department, and to provide a copy of the response to the complainant.

Appropriate Department staff will review the information and determine whether:

1. Additional information is needed;
2. An on-site investigation must be conducted;
3. Other measures must be taken to resolve the issues raised in the complaint; or
4. A Letter of Findings can be issued.

If additional information or an investigation is necessary, the Department will have sixty (60) days from receipt of the information or completion of the investigation to issue a Letter of Findings.

If the Letter of Findings indicates that a violation has been found, corrective action will be required and timelines for completion will be included.

Either the 30-day or the 60-day timelines outlined above may be extended, if exceptional circumstances exist.

The Letter of Findings will be sent directly to the complainant, as well as the other parties involved.

20. Right of Appeal

If an individual, organization or agency is aggrieved by the final decision of the Department, that individual, organization or agency has the right to request review of the decision by the United States Secretary of Education. The review is at the Secretary's discretion.

For complaints filed pursuant to Section 9503 (20 U.S. C.§ complaint process for participation of private school children), a complainant may appeal the Department's decision to the United States Secretary of Education no later than thirty (30) days from the date on which the complainant receives the Letter of Findings. The appeal must be accompanied by a copy of the Department's decision and include a complete statement of the reasons supporting the appeal.