Bulloch County Board of Education
Complaint Procedures under the No Child Left Behind Act
A. Grounds for a Complaint
Any individual, organization or agency (“complainant”) may file a complaint with the Bulloch County Board of Education (“Department”) if that individual, organization or agency believes and alleges that a local educational agency (“LEA”) 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
- Title I, Part A: Improving Basic Programs Operated by Local Educational Agencies
- Title I, Part B, Subpart 3: Even Start Family Literacy
- Title I, Part C: Education of Migrant Children
- Title I, Part D: Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk
- Title II, Part A: Teacher and Principal Training and Recruiting Fund
- Title II, Part D: Enhancing Education Through Technology
- Title III, Part A: English Language Acquisition, Language Enhancement, and Academic Achievement
- Title IV, Part A, Subpart 1: Safe and Drug Free Schools and Communities
- Title IV, Part A, Subpart 2: Community Service Grants
- Title IV, Part B: 21st Century Community Learning Centers
- Title IX, Part E, Subpart 1, Section 9503: Complaint Process for Participation of Private School Children
C. Filing a Complaint
A formal complaint must be made in writing, signed by the complainant, and filed with the Bulloch County School Superintendent or his/her designee at the Board of Education office at 150 Williams Road, Suite A, Statesboro, GA 30458.
- A statement that the LEA has violated a requirement of a Federal statute or regulation that applies to an applicable program;
- The date on which the violation occurred;
- The facts on which the statement is based and the specific requirement allegedly violated (include citation to the Federal statute or regulation);
- A list of the names and telephone numbers of individuals who can provide additional information;
- Whether a complaint has been filed with any other government agency, and if so, which agency;
- Copies of all applicable documents supporting the complainant’s position; and
- The address of the complainant.
Once the complaint is received by the Superintendent or his/her designee, it will be copied and forwarded to the appropriate Federal Program Manager.
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:
- The date the LEA received the complaint;
- How the complainant may provide additional information;
- A statement of the ways in which the LEA may investigate or address the complaint; and
- Any other pertinent information.
If additional information or an investigation is necessary, the LEA 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.
E. Right of Appeal
If an individual, organization or agency is aggrieved by the final decision of the LEA, that individual, organization or agency has the right to request review of the decision by Georgia Department of Education. The review is at the State School Superintendent’s discretion.
For complaints filed pursuant to Section 9503 (20 U.S.C. §7883, complaint process for participation of private school children), a complainant may appeal the LEA’s decision to the Georgia Department 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 LEA’s decision and include a complete statement of the reasons supporting the appeal.
Nothing in this procedure is intended to prohibit the parties from resolving a problem prior to formal filing of a written complaint. At any stage of processing the complaint, the parties may mutually agree to attempt mediation as an alternative dispute resolution.
Revised April 7, 2011