ESEA/ESSER Complaint Process
Why File a Formal Complaint?
The formal complaint process provides an opportunity for organizations and individuals to report possible ESSA violations. Prior to filing a formal complaint, we encourage individuals to read the frequently asked questions(FAQs) which provide additional information regarding the complaint process.
What is Included in a Formal Complaint?
The complaint must include:
The complainant’s contact information (name, address, phone number, and email address);
The date(s) on which the alleged violation(s) occurred and the date(s) on which any school district, 21st CCLC program, or GaDOE action or decision regarding the alleged violation was issued, if applicable;
The facts and documentation on which the complaint is based;
The specific federal requirement allegedly violated (include citation to the federal statute or regulation, if known);
Documentation or an explanation of efforts to resolve the complaint;
Contact information for other individuals who can provide additional information, if applicable (name, telephone number, address, and email address);
Whether a complaint has been filed with any other agency and, if so, which agency; and
A proposed resolution to the complaint.
When May a Formal Complaint be Filed?
A formal complaint may be filed when an organization or individual believes that a recipient of funding has violated a requirement of a federal statute or regulation related to the administration of a program. 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. The federal ESSA programs for which formal complaints may be filed and investigated are:
Title I, Part A – Improving Basic Programs Operated by Local Educational Agencies
Title I, Part A – School Improvement Grants, referred to as 1003(a) and 1003(g)
Title I, Part C – Education of Migratory Children
Title I, Part D – Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk
Title II, Part A – Supporting Effective Instruction
Title III, Part A – Language Instruction for English Learners and Immigrant Students
Title IV, Part A – Student Support and Academic Enrichment
Title IV, Part B – 21st Century Community Learning Centers
Emergency Relief Funds CARES Act, CRRSA Act, ARP Act
McKinney-Vento Homeless Assistance Act. A parent, guardian, or unaccompanied youth may also file a complaint under Title IX, Part A – the McKinney-Vento Homeless Assistance Act, and the process for filing a complaint is the same as it is for the ESSA federal programs. Unique to the McKinney-Vento Homeless Assistance Act, however, is the GaDOE’s role in also resolving disputes regarding a final decision over eligibility, school selection or enrollment in a school made at the school district level. Each school district must have a McKinney-Vento dispute resolution process to address issues regarding eligibility, school selection or enrollment in a school. If the parent, guardian, or unaccompanied youth disagrees with the school district’s decision and the school district’s appeal process has been exhausted, a request may be filed within 10 business days for the GaDOE to review the final decision of the school district.
Equitable services. Formal complaint procedures regarding a school district’s or a 21st CCLC program’s equitable services for children attending private school are found on the State Ombudsman webpage.
How is a Formal Complaint Filed?
Complaints are best filed electronically through GaDOE’s secure online complaint link. The link below may be used to submit the online complaint. Supporting documentation should be provided, if applicable and available.
GaDOE Online Complaint Link: Complaint/Comment
A formal complaint may also be mailed to the following address:
Georgia Department of Education
Federal Programs Director
205 Jesse Hill Jr. Drive SE
1854 Twin Tower East
Atlanta, Georgia 30334