FEDERAL PROGRAMS COMPLAINT PROCEDURES
School Year 2020-2021
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Grounds for a Complaint
Any individual, organization, or agency may file a complaint with the Red Clay
Consolidated School District if that individual, organization or agency believes and
alleges that the Red Clay Consolidated School District is violating a Federal Statute or
regulation that applies to a program under the Elementary and Secondary Education
Act of 1965 (ESEA) as Amended Through P.L. 115–224, Enacted July 31, 2018. The
complaint must allege a violation that occurred not more than one (1) year prior to the
date that the complaint is received.
Federal Programs for Which Complaints Can Be Filed
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 B‑3: William F. Goodling Even Start Family Literacy Program
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 I, Part F: Comprehensive School Reform
Title I, Part G: Advanced Placement
Title II, Part A: Teacher and Principal Training and Recruiting Fund, Grants to
States
Title II, Part A‑5‑2151(B): School Leadership
Title II, Part D 1 and 2: Enhancing Education Through Technology
Title III: Language Instruction for Limited English Proficient and Immigrant
Students
Title IV, Part A: The Student Support and Academic Enrichment (SSAE)
Title IV, Part B: 21st Century Community Learning Centers
Title V, Part A: Innovative Programs
Title V, Part B‑1: Public Charter Schools
RED CLAY CONSOLIDATED
SCHOOL DISTRICT
Dorrell Green
Superintendent
Administrative Offices
1502 Spruce Avenue
Wilmington, DE 19805
Federal Programs, Alternative
Education & Dropout Prevention
Phone (302) 552-3772
Fax (302) 892-3261
Michael Simmonds
Director
FEDERAL PROGRAMS COMPLAINT PROCEDURES
School Year 2020-2021
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Complaints Originating at the Local Level
As part of its assurances within Delaware Administrative Code Title IV, Section 258, an Local Educational
Agency (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 Delaware Department of
Education (DDOE) 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 DDOE with written proof of their attempt to resolve the issue at the local level.
Filing a Complaint
Complaints and grievances shall be handled and resolved as close to their origin as possible and through
the proper channels using the following procedures:
A complaint must be made in writing and signed by the complainant. The complaint must include the
following:
o A statement that the Red Clay Consolidated School District has violated a requirement of a Federal
statute or regulation that applies to an applicable program;
o The date on which the violation occurred;
o The facts on which the statement is based and the specific requirement allegedly violated; (include
citation to the federal statute or regulation).
o A list of the names and telephone numbers of individuals who can provide additional information;
o Whether a complaint has been filed with any other government agency, and if so, which agency;
o Copies of all applicable documents supporting the complainant’s position; and address of complaint.
The complaint must be addressed to:
Red Clay Consolidated School District
1502 Spruce Avenue – Room 237
Wilmington, Delaware 19805
Once the complaint is received, it will be copied and forwarded to the Superintendent or his or her designee
such as the District Federal Program Manager.
Investigation of the Complaint:
Within ten days of receipt of the complaint, the Superintendent or his or her designee such as the District
Federal Program Manager, will issue a Letter of Acknowledgement to the complainant that contains the
following information:
o The date the Red Clay Consolidated School District complaint was received;
o How the complainant may provide additional information;
o A statement of the ways in which the Superintendent or Designee may investigate or address the
complaint; and
o Any other pertinent information
FEDERAL PROGRAMS COMPLAINT PROCEDURES
School Year 2020-2021
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Appropriate Red Clay Consolidated School District staff will review the information 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.
4. A Letter of Findings can be issued.
If additional information or an investigation is necessary, the Red Clay Consolidated School District will
have 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 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.
Right of Appeal to the Delaware Department of Education
An appeal of the LEA’s 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 following manner:
The Delaware Department of Education shall investigate the complaint and issue a written report
including findings of fact and a decision to the parties included in the complaint within sixty (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 may conduct an independent onsite investigation of the
complaint, if it is determined that an onsite investigation is necessary.
Complaints and appeals to the Delaware Department of Education shall be mailed to the following address:
Secretary of Education
Delaware Department of Education
401 Federal Street, Suite 2
Dover, Delaware 19901-3639
FEDERAL PROGRAMS COMPLAINT PROCEDURES
School Year 2020-2021
The Red Clay Consolidated School District does not discriminate on the basis of race, creed, color, national origin, religion, sex, sexual
orientation, age, marital status, handicap, veteran status, domicile, genetic information, or any legally protected characteristic.
Inquiries should be directed to Debra Davenport, Human Resources, at 302-552-3783.
Name (Complainant):
Mailing Address:
Phone Number (home): Phone Number (work):
Program complaint is being filed against:
Date on which violation occurred:
Statement that the (ADD SCHOOL DISTRICT NAME) has violated a requirement of a Federal statute or
regulation that applies to an applicable program (include citation to the Federal statute or regulation as
applicable)
The facts on which the statement is based and the specific requirement allegedly violated:
(Attach additional sheets if necessary)
List the names and telephone numbers of individuals who can provide additional information:
Has a complaint been filed with any other government agency? If so, provide the name of the agency.
Please attach/enclose copies of all applicable documents supporting your position.
Signature of Complainant: Date:
Mail this form to:
Red Clay Consolidated School District
1502 Spruce Avenue – Room 237
Wilmington, Delaware 19805
