Complaint Procedures under the Elementary and Secondary Education Act of 1965

Section 9304 – General Applicability of State Educational Agency Assurances

Section 9503 – Complaint Process for Participation of Private School Children

Complaint Procedures

Any individual, organization or agency (Complainant) may file a complaint with the Evans County School System (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 Elementary and Secondary Education Act of 1965 (ESEA). 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.

Please click here to access the Evans County School System Complaint Form for Federal Programs

A. Federal Programs for Which Complaints Can Be Filed

a. Title I, Part A - Improving Basic Programs Operated by Local Educational Agencies

b. Title I, Part C - Education of Migratory Children

c. Title I, Part D - Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk

d. Title II, Part A - Teacher and Principal Training and Recruiting Fund

e. Title II, Part D - Enhancing Education Through Technology

f. Title III, Part A - English Language Acquisition, Language Enhancement, and Academic Achievement

g. Title IV, Part B - 21st Century Community Learning Centers

h. Title VI, Part A, Subpart I: Section 6111: State Assessment Program

i. Title VI, Part A, Subpart I, Section 6112: Enhanced Assessment Instruments Competitive Grant Program

j. Title V, Part B, Subpart 2: Rural and Low-Income Schools

k. Title IX, Part E, Subpart 1, Section 9503: Complaint Process for Participation of Private School Children

l. Title X, Part C - McKinney-Vento Homeless Assistance Act-Education for Homeless Children and Youth

J. Emergency Relief Funds CARES Act, CRRSA Act, ARP Act

B. Complaints Originating at the Local Level

As part of its Assurances within the Elementary and Secondary Education Act of 1965 (ESEA) program grant applications and pursuant to Section 9306 of the Elementary and Secondary Education Act of 1965 (ESEA), an LEA accepting federal funds also agrees to adopt local written procedures for the receipt and resolution 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 GaDOE 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 GaDOE with written proof of their attempt to resolve the issue at the local level.

A complaint must be made in writing to the Evans County School Superintendent or his/her designee and signed by the complainant. The complaint must include the following:

  1. A statement that the Evans County School System 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. Copies of all applicable documents supporting the complainant’s position; and

  6. The address of the complainant.

C. Filing a Complaint

A complaint must be made in writing and signed by the complainant or thru the Evans County School System or his designee. The complaint must include the following:

1. A statement that the Evans County School System 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:

Federal Programs

Evans County School System

613 W. Main Street

Claxton, GA 30417

D. Investigation of Complaint

Within ten (10) days of receipt of the complaint, the Superintendent or his/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 additional information or an investigation is necessary, the Superintendent 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. The sixty (60) day timeline outlined above may be extended, if exceptional circumstances exist. The Letter of Findings will be sent directly to the complainant.

E. Right of Appeal If the complaint cannot be resolved at the local level, the complainant has the right to request review of the decision by the Georgia Department of Education. The appeal must be accompanied by a copy of the Superintendent's decision and include a complete statement of the reasons supporting the appeal.

The complaint must be addressed to:

Georgia Department of Education

Office of Legal Services

205 Jesse Hill Jr. Drive SE

Click here for a pdf copy.