Federal Complaint Procedures CCSD

Cobb County School District

Complaint Procedure under the

Elementary and Secondary Education Act of 1965 and Every Student Succeeds Act (ESSA)

A. Grounds for a Complaint Any individual, organization or agency (“complainant”) may file a

complaint with the Cobb County School District (CCSD), if that individual, organization or

agency believes and alleges that CCSD is violating a Federal statute or regulation that applies

to a program under the Every Student Succeeds Act (ESSA). 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 C: Education of Migrant Children

3. Title II, Part A: Supporting Effective Instruction Grant

4. Title II, Part D: Enhancing Education Through Technology

5. Title III, Part A: Language Instruction for English Learners and Immigrant Students

6. Title IV, Part A, Subpart 2: Student Support and Academic Enrichment Grants

7. Title IV, Part B: 21

Century Community Learning Centers

8. Title IX, Part A: McKinney-Vento Education for Homeless Children and Youth

C. Complaint Originating at the Local Level

As part of its Assurances within the ESSA program grant applications and pursuant to

Section 9306 of ESSA, an LEA accepting federal funds must have local written procedures

for the receipt and resolutions of complaints alleging violations of law in the administration

for covered programs. Therefore a complaint should not be filed with the Georgia

Department of Education until every effort has been made to resolve through local written

complaint procedures. If the complainant has tried to file a complaint with CCSD to no

avail, the complainant must provide the Georgia Department of Education written proof of

their attempt to resolve the issue with Cobb County Schools.

D. Filing a Complaint

A formal complaint must be made in writing and signed by the complainant. The complaint

must include the following:

1. A statement that CCSD has violated a requirement of the 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 of the Federal statue 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 in writing to the following contact:

Dr. Catherine Mallanda

Cobb County School District

Chief Academic Officer

514 Glover Street

Marietta, GA 30060

E. Investigation of Complaint

Within ten (10) working days of receipt of the complaint, the Superintendent or his designee

will issue a Letter of Acknowledgement to the complainant that contains the following

information:

1. The date the District received the complaint;

2. How the complainant may provide additional information;

3. A statement of the ways in which the District may investigate or address the complaint,

and

4. Any other pertinent information.

If the complaint involves a specific CCSD Area or department, the Superintendent or his

designee will also send a copy of the Letter of Acknowledgement to the Area Superintendent

& the Office of Accountability, along with a copy of the complaint. The Superintendent or

his designee will contact the identified CCSD Area or Department to clarify the issues and

review the complaint process.

The Superintendent or his designee will have sixty (60) days from the receipt of the

information or completion of the investigation to review 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 a Letter of Findings is issued, and 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.

F. 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 or designee’s decision and include a complete

statement of the reasons supporting the appeal.

G. Filing an Appeal Review with the Georgia Department of Education

Procedures for filing with the Georgia Department of Education can be found at:

http://www.gadoe.org/School-Improvement/Federal-Programs/Pages/default.aspx

Submit your documentation and appeal in writing to the following address:

Georgia Department of Education

Office of Legal Services

205 Jesse Hill Jr. Drive SE

2052 Twin Towers East

Atlanta, GA 30334

Once the complaint is received by the Office of Legal Services, it will be copied and

forwarded to the appropriate Federal Program Manager. An online form is also available

here: http://programcomplaint.doe.k12.ga.us/everestwebportal/webform.asp