Department of Education
Office of the Secretary
Programs Covered by the Complaint Process
This complaint process shall apply to the following programs: Title I Part A Improving Basic Programs Operated by Local Education Agencies; Title I Part B-1 Reading First; Title I Part B-2 Early Reading First; 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 II Part D 1 and 2 Enhancing Education Through Technology; Title III Part A English Language Acquisition, Language Enhancement, and Academic Achievement; Title IV Part A The Student Support and Academic Enrichment (SSAE); Title IV Part B 21st Century Community Learning Centers; Title IV Part B, subpart 2 Rural and Low-Income School Program.
2 DE Reg. 217 (08/01/98)
7 DE Reg. 161 (08/01/03)
23 DE Reg. 557 (01/01/20)
29 DE Reg. 763 (03/01/26)
Right to File a Complaint
An organization or an individual may file a complaint regarding an alleged violation of federal program statutes or regulations by the Delaware Department of Education or the local education agency. For purposes of this regulation, a local education agency shall also include charter schools. A written and signed complaint shall be filed with the Delaware Department of Education.
The complaint shall include a statement specifying the alleged violation by the state education agency or a local education agency and shall include facts and documentation of the alleged violation.
The Delaware Department of Education shall investigate the complaint and issue a written resolution of the complaint including findings of fact and a decision to the parties included in the complaint within 60 working days of the receipt of the complaint. An extension of the time limit may be made by the Delaware Department of Education only if exceptional circumstances exist with respect to a particular complaint.
The Delaware Department of Education’s written resolution of the complaint must include the following:
A description of applicable statutory and regulatory requirements;
A description of the procedural history of the complaint;
Findings of fact supported by citation, including page numbers, to supporting documents;
Analysis and conclusions regarding the requirements;
Corrective actions, if necessary;
A statement of applicable appeal rights;
A statement regarding the Delaware Department of Education’s determination about whether it will provide services; and
All documents the Delaware Department of Education relied on in reaching its decision, paginated consecutively.
The Delaware Department of Education may conduct an independent onsite investigation of the complaint, if it is determined that an onsite investigation is necessary.
The complaint shall allege a violation that occurred not more than 1 year prior to the date that the complaint is received.
2 DE Reg. 217 (08/01/98)
7 DE Reg. 161 (08/01/03)
12 DE Reg. 208 (08/01/08)
23 DE Reg. 557 (01/01/20)
29 DE Reg. 763 (03/01/26)
Complaint Made to the Local Education Agency
An organization or an individual is encouraged to file a written, signed complaint with the local education agency, prior to submission of the complaint to the Delaware Department of Education, concerning an alleged violation by the local education agency of a Federal statute or regulation that applies to the local education agency’s program.
The complaint shall include a statement specifying the alleged violation by the local education agency. Such statement shall include facts and documentation of the alleged violation.
The superintendent or the agency head of the local education agency shall investigate the complaint and issue a written report including findings of fact and a decision to the parties involved in the complaint within 60 working days of the receipt of the complaint.
An appeal of the local education agency decision may be made by the complainant to the Delaware Department of Education. The appeal shall be in writing and signed by the individual or by an individual representative of the organization making the appeal. The Delaware Department of Education shall resolve the appeal in the same manner as a complaint, as indicated in Section 2.0.
2 DE Reg. 217 (08/01/98)
7 DE Reg. 161 (08/01/03)
12 DE Reg. 208 (08/01/08)
23 DE Reg. 557 (01/01/20)
29 DE Reg. 763 (03/01/26)
Review of Delaware Department of Education’s Written Resolution by the U.S. Department of Education
Any party to the complaint has the right to appeal the written resolution of the Delaware Department of Education to the U.S. Secretary of Education.
The appeal must include:
A clear and concise statement of the parts of the Delaware Department of Education resolution being appealed;
The legal and factual basis for the appeal;
A copy of the complaint filed with the Delaware Department of Education;
A copy of the Delaware Department of Education’s written resolution of the complaint being appealed including all supporting documentation required under Section 2.0 of this regulation; and
Any supporting documentation not included as part of the Delaware Department of Education’s written resolution of the complaint being appealed.
The appeal must be filed within 30 days of the date the Delaware Department of Education issued its written resolution
2 DE Reg. 217 (08/01/98)
29 DE Reg. 763 (03/01/26)
Complaints and Appeals
Complaints and appeals to the Delaware Department of Education shall be mailed to the following address:
Secretary of Education
Delaware Department of Education
Federal Street
Suite 2
Dover, Delaware 19901-3639
Complaints and appeals to the U.S. Department of Education shall be mailed to the following address:
U.S. Department of Education
Maryland Avenue, SW
Washington, DC 20202
2 DE Reg. 217 (08/01/98)
7 DE Reg. 161 (08/01/03)
29 DE Reg. 763 (03/01/26)
Non-regulatory Note: *IDEA Part B, as amended, has other specific remedies and procedural safeguards specified under Section 615 of the Act to protect students with disabilities. See 14 DE Admin. Code 923 Children with Disabilities Subpart B General Duties and Eligibility of Agencies.
7 DE Reg. 161 (08/01/03)
12 DE Reg. 208 (08/01/08)
29 DE Reg. 763 (03/01/26)
2 DE Reg. 217 (08/01/98)
7 DE Reg. 161 (08/01/03)
12 DE Reg. 208 (08/01/08)
23 DE Reg. 557 (01/01/20)
29 DE Reg. 763 (03/01/26)