Georgia

Resources

State Protections and Legal Framework

  • State Constitutional Guarantees regarding Right to Education

    • Article VIII of the Georgia State Constitution codifies the State’s obligation to provide primary and secondary education

      • Section I provides that all citizens in the State of Georgia shall be provided with adequate and free public education by the State.

    • Case Law

      • McDaniel v Thomas (1981): Affirms Georgia’s responsibility to provide its citizens with an “adequate” education, but determines that “adequate” does not necessarily mean “equal” and further, that “adequate” should be defined and outlined by the legislature.

      • Other case law such as, Deriso v. Cooper (1980), Gwinnett County School District v. Cox (2011) affirm the power of local education authorities and the legislature in this sphere 

    State constitutional protections regarding non-discrimination and equity

    • Article I, Section I, Paragraph II of the Georgia State Constitution codifies a right to “equal protection”

      • “Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws”

    • Case Law

      • Grissom v. Gleason (1992) interprets the equal protection clause broadly: “We do not foreclose the possibility that this court may interpret the equal protection clause in the Georgia Constitution to offer greater rights than the federal equal protection clause as interpreted by the United States Supreme Court.”

      • The case law interpreting equal protection in the education context is very limited.

    Other relevant state constitutional civil rights protections

    “Enumeration of rights not denial of others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed” [to note, this has not been litigated, so has limited support]

    • State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

      • There are no state mirrors of Title VI or Title IX

      • Rule 160-4-7-.01 of Georgia’s Rules and Regulations covers “Special Education”

        • “Ensure that all eligible children with disabilities have available to them a free appropriate public education” and “that the rights of children with disabilities and their parents are protected”

        • There are no other statutes that cover this.

      • According to Georgia Code Title 20. Education § 20-2-131:

        • “It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin”

    • Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

    • Anti-bullying law: Georgia Code § 20-2-751.4 establishes policies prohibiting bullying in public schools

      • School Requirements: Each local school board must adopt policies prohibiting bullying. Policies must include reporting and investigation procedures. Schools must notify parents/guardians when bullying occurs.

    • State law protections regarding color of law or pattern/practice liability for law enforcement in schools

    • Anti-discrimination protections under state human rights statutes

      • None within the education or student rights contexts.

    • Private right of action provisions under state civil rights and human rights statutes

      • None

    • Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?

      • No.

  • Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

    • For many of the claims discussed, Georgia doesn’t recognize a private right of action.

    • Most claims must be brought through 42 U.S. Code § 1983, which is federal litigation, but can be brought by any aggrieved party.

    Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

    • None. Individuals can only seek retaliation protection through federal claims (i.e., 14th amendment)

    Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

    • No statute of limitations recourse through the Georgia State Constitution; please see below regarding making claims through OCR.

    Are there areas where the state laws provide more protections than federal law? What are those areas? 

    • No.

How do I file a complaint about discrimination in a K-12 public school in Georgia? 

Complaints with Local Education Agency/School

  • Identify the Basis of Discrimination Choose the applicable category for the discrimination your student experienced:

    • Race, color, national origin → May be covered by Georgia’s anti-bullying statute (O.C.G.A. § 20-2-751.4,)  or GA Department of Education Federal Programs Section 

      • Federal Protections: Title VI

    • Sex (including gender identity, pregnancy, sexual harassment) → May be covered by Georgia’s anti-bullying statute (O.C.G.A. § 20-2-751.4,)  or GA Department of Education Federal Programs Section  

      • Federal Protections: Title IX

    • Disability → May be covered by the GA Department of Education Division for Special Education 

      • Federal Protections:  Section 504 / ADA 

    Gather Evidence Include:

    • Dates, times, and locations of incidents

    • Names of individuals involved

    • Copies of emails, screenshots, witness statements, or school responses

  • (NOTE: House Bill 736, introduced in March, 2025, would expand and clarify definitions of bullying and explicitly include targeting on the basis of protected characteristics. The bill is still in committee.)

    File a Complaint under Georgia’s anti-bullying statute,  O.C.G.A. § 20-2-751.4 

    Who Can File: The student who was the target of the bullying or the student’s parent or guardian. 

    What Form to Use: Local School Board of Education must adopt a policy that prohibits bullying by one student of another student, and those policies must outline how students, parents, and staff can report bullying.  A form will likely be available on the district and school websites, in  each school office, and in the student handbook. For example, Atlanta School District uses this form: Student Discipline / Bullying and Harassment

    • Students, parents, or staff can report bullying orally or in writing to a teacher, counselor, or administrator.

    • Most districts provide a Bullying Reporting Form in the main office, counseling office, or online.

    • Anonymous reporting systems (like “Say Something” tip lines) are often available. [atlantapub...schools.us], [henry.k12.ga.us]

    What to Include on the Form: 

    Details of the incident(s) — date, time, location

    Names of those involved (alleged aggressor(s), witnesses)

    Description of the conduct (verbal, physical, cyber, threats, etc.)

    Any evidence (screenshots, photos, messages)

    Where to Submit the Form: Deliver it to a Teacher,  Principal or Administrator and keep a copy for your records

    What Happens After File Complaint? 

    Georgia law does not create a separate state-level complaint system for bullying. Instead, it mandates local school districts to implement reporting and investigation procedures:

    1. Investigation

      • Under O.C.G.A. § 20-2-751.5, schools must promptly investigate reported incidents.

      • Investigations include interviews, documentation, and impartial review.

      • Schools must notify parents of both the victim and the alleged bully. 

    2. Disciplinary Action

      • Consequences range from counseling to suspension.

      • After three bullying offenses in one school year, the student may be assigned to an alternative school. [cyberbullying.org]

    3. Additional Options

      • Georgia School Safety Hotline: 1-877-SAY-STOP (1-877-729-7867) for anonymous tips.

Georgia Department of Education – Division for Special Education

  • Who is eligible to file (students, parents, advocates, others)?

    • Formal Complaint: Any individual or organization. (seeGA Fact Sheet: Formal Complaints for more information.) 

    • Mediation: Parent and student or system, but must be voluntary for both parties.

    • Due Process Hearing: Parent or system. (https://gadoe.org/special-education/due-process-hearings-and-decisions/)

    • Resolution Session (only upon request for a due process hearing): System schedules the resolution session upon receipt of a due process hearing request unless the parties agree to waive or use mediation.

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • Complainant to consider all available avenues to resolve the issue at the local school, local program, or district level. In its review of an alleged violation, the GaDOE will first assess the level to which the complaint was presented and addressed locally.

    • Mediation shall be available and offered upon each receipt of a complaint or a due process hearing request.

    How to initiate the process (relevant websites, standard forms, submission locations)

    • By mail: 205 Jesse Hill Jr. Drive, SE, 1562 Twin Towers East, Atlanta, Georgia 30334

    • By eFax: 770-344-4458

    • By Email: spedhelpdesk@doe.k12.ga.us

    Electronic submissions are strongly encouraged

    • The Procedures for Mediation document states that mediation request is faxed to 

    GaDOE Special Education Services and Supports 770-344-4458 or 404-651-6457 https://lor2.gadoe.org/gadoe/file/17cd61a8-53ce-4fa5-b818-6e856862814e/1/Procedures%20for%20Mediation.pdf

    Can complaints be filed anonymously or confidentially?

    • Formal Complaint: No. Name and contact details of Complainant and Student are required.

    • Due Process Hearing: Name of student is required.

    Are there language access requirements for complaint processes?

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • No complaint filing fees or mediation process fees (The State shall bear the cost of the mediation process. See  Ga. Comp. R. & Regs. r. 160-4-7-.12 Dispute Resolution; 34 C.F.R. § 300.506(b)(4)). 

    • Due process hearings are provided at no cost to either party; however, each party is responsible for his, her, or its costs associated with hiring legal counsel or expert witnesses unless a court awards the recovery of such costs to the prevailing party.(https://rules.sos.ga.gov/gac/160-4-7-.12)

    • Supporting documentation should be provided if available.

    Can complainants have advocates or legal representation?

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • Not specifically addressed for formal complaints but likely allowed.

    • For mediation, attorneys are allowed to participate in special education mediations.

    • For due process hearing, advocates or attorneys are allowed.

  • What are the required elements of the civil rights claim? (The rules for formal complaints, mediation, due process hearing and resolution can be found in the State Education Rules at 160-4-7-.12 Dispute Resolution (Ga. Comp. R. & Regs. r. 160-4-7-.12 Dispute Resolution); https://rules.sos.ga.gov/gac/160-4-7-.12) 

    • Formal Complaint: Alleged violations of federal regulations and Georgia Department of Education Rules For Special Education.

    • (i) A statement that a public agency has violated a requirement of the IDEA and the facts on which the statement is based; (ii) Suggested resolutions to the problem are requested.

    • Facts relevant to the alleged violations that help explain or clarify how, or in what way, the public agency failed to follow the IDEA and/or state special education rules.  

    • Mediation: Any matter under the IDEA federal regulations and Georgia Department of Education Rules For Special Education including matters arising prior to the filing of a due process complaint (there are some exceptions)

    • Due Process Hearing: Any matter relating to the identification, evaluation, educational placement or provision of a free appropriate public education (there are some exceptions).

    • Provide reason for your request.

    • Description of the nature of the problem.

    • Proposed resolution to alleged violations.

    • Resolution Session: Same issues as the due process hearing request.

    Who reviews claims and what timeframes apply?

    • Formal Complaints: 

    • The complaint must allege a violation that occurred not more than one year prior to the date the complaint is received. [Ga. Comp. R. & Regs. r. 160-4-7-.12 Dispute Resolution; 34 C.F.R. § 300.153]

    • Once the complaint is received by the GaDOE, a team will determine that the allegation(s) can be investigated and begin its investigation as appropriate.

    • Division for Special Education Services (DSES) shall address the issue with the LEA in writing and request a response within 10 business days from the public agency directly involved.

    • Within 60 days of the receipt of the complaint, the DSES will issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and determinations of compliance or noncompliance. The timeline may be extended to accommodate for mediation or other exceptional circumstances with respect to a particular complaint.

      • Mediation: None specified. The mediator will contact both parties to develop the timeline, set up the meeting location and begin preparation. Actual mediation may take a day.

      • Due Process Hearing: 

      • The due process hearing request must allege a violation that occurred not more than two years before the date the parent or LEA knew or should have known about the alleged action that forms the basis of the due process hearing request. Note: The timeline does not apply to a parent if the parent was prevented from filing a due process complaint due to specific misrepresentations by the school district that it had resolved the problem forming the basis of the complaint; or the school district's withholding of information from the parent that was required to be provided to the parent [ 34 C.F.R. § 300.511(f)]

      • Administrative Law Judge resolves.

      • 45-day timeline for the due process hearing. Starts the day after the administrative law judge or hearing officer has been informed of one of the following events: (i) Both parties agree in writing to waive the resolution meeting; (ii) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible; (iii) If both parties agree in writing to continue the mediation at the end of the resolution period, but later, the parent or LEA withdraws from mediation. [ 34 C.F.R. § 300.510(c)(1) - (3)])

      • The timeline for issuing a decision in a due process hearing begins at the expiration of the 30-day resolution period, unless an adjustment to the 30-day resolution period is necessary.

      • Resolution Session: Parent and the system resolve the issue. Timeline: System must convene a resolution session within 15 days of receipt of the due process hearing request unless both parties agree in writing to waive the session or agree to use mediation. The resolution period lasts for not more than 30 days. Both parties must agree to the solution in writing. Decisions are legally binding. 

      • What type of investigation may occur?

      • Formal Complaints: 

      • The DSES will conduct an investigation to confirm details and to get clarification of the issues.

      • The investigation may include interviews with the parties, observations, on site visits and other activities as indicated by the nature of the allegation.

      • Mediation:

    Who participates in investigations?

    • Formal Complaint: See above.

    • Mediation: See above.

    • Due Process Hearing: Impartial administrative law judge or hearing officer.

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    What privacy/confidentiality protections exist?

    • Mediation is confidential

      • The state and the parties shall keep the content of the due process request confidential. The GaDOE, after deleting any personally identifiable information, must transmit the findings and decisions to the State advisory panel and make those findings and decisions available to the public.

    Are school districts required to publicly post civil rights complaint procedures?

    • In Georgia, school districts are generally required to have and follow civil rights complaint procedures, particularly in compliance with federal laws such as: Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act (ADA). These laws mandate that recipients of federal funds—including public school districts—must adopt and publicize procedures for handling civil rights complaints. 

  • What is the appeals process, if any?

    • A decision made in a due process hearing is final, except that any party involved in the hearing may appeal the decision. Civil Action. The party bringing the action shall have 90 days from the date of the decision of the administrative law judge or hearing officer to file a civil action. [34 C.F.R. § 300.516(b)]

    • Any party aggrieved by the findings and decision made by an administrative law judge or hearing officer has the right to bring a civil action with respect to the due process hearing request notice requesting a due process hearing. The action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. [ 34 C.F.R. § 300.516(a)]

    Are remedies legally enforceable once a violation is found?

    • The mediation agreement is a legally binding agreement and enforceable in any state court of competent jurisdiction, in a district court of the United States or through the State Complaint Process. [State Education Rules at 160-4-7-.12 Dispute Resolution; 34 C.F.R. § 300.506(b)(6) - (7); § 300.537] 

    Are there other administrative processes that must be exhausted before taking legal action?

    • No

    Do state agencies publish complaint outcome data?

    What enforcement mechanisms exist for non-compliance?

    • Formal Complaint: GaDOE enforces and can determine that the LEA is not eligible for assistance under part B of the Act.

    • Mediation: See above. The mediation agreement is a legally binding agreement and enforceable in any state court of competent jurisdiction, in a district court of the United States or through the State Complaint Process

Georgia Department of Education – Federal Programs [ESSA Programs]

  • Who is eligible to file (students, parents, advocates, others)?

    • An organization or individual.

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • GaDOE will first assess the level to which the complaint was presented and addressed locally. Complainant should first consider all available avenues to resolve the issue at the local school, local program, or district level.

    How to initiate the process (relevant websites, standard forms, submission locations)

    Georgia Department of Education

    Federal Programs Director

    205 Jesse Hill Jr. Drive SE

    1854 Twin Tower East

    Atlanta, Georgia 30334

    Can complaints be filed anonymously or confidentially?

    • No. Name and contact details are required.

    Are there language access requirements for complaint processes?

    • The complaint form is in English.

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • No.

    Can complainants have advocates or legal representation?

    • Yes.

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • Yes.

  • What are the required elements of the civil rights claim?

    • 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 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.(https://gadoe.org/federal-programs/filing-formal-complaints-under-essa/)

    Who reviews claims and what timeframes apply?

    • Once a complaint is received by the Federal Programs Director, it is assigned to the program manager(s) or to the specialist or set of specialists of the specific federal program(s) within the office for investigation. 

    • The GaDOE Federal Programs Division will send a notice to you acknowledging receipt of your complaint and with details regarding how to communicate with the assigned investigators.

    • Once GaDOE receives the complaint, the federal programs director will review the matter to determine if it is properly before GaDOE.

    • The general complaint investigation time frame is 30 days.

    What type of investigation may occur?

    • The investigation may include confirmation of details; clarification of the issues; interviews with the person filing the complaint, the school district or 21st CCLC program, GaDOE program staff, or other individuals; observations; on-site visits; and other activities as determined by the nature of the allegation.

    Who participates in investigations?

    • Federal Programs Program Manager or specialist of the specific federal program..

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • No information available.

    What privacy/confidentiality protections exist?

    • The Georgia Department of Education (ED) takes seriously the privacy and protection of data, especially those data elements containing sensitive student and staff information. The GaDOE adheres to industry-standard privacy and security practices and works to ensure the appropriate implementation of all state and federal laws pertaining to education data in Georgia. (https://georgiainsights.gadoe.org/Data-Privacy/)

    Are school districts required to publicly post civil rights complaint procedures?

    • Yes.

  • What is the appeals process, if any?

    Are remedies legally enforceable once a violation is found?

    • Decisions made by the GaDOE in response to formal complaints under ESSA are administrative in nature and not automatically legally enforceable in court.

    Are there other administrative processes that must be exhausted before taking legal action?

    • No.

    Do state agencies publish complaint outcome data?

    • Yes, but regarding ESSA GaDOE offers dashboards and reports on school performance, equity, funding, and other metrics. However, it does not include complaint-level data. Individual complaint decisions or outcomes under ESSA are generally not published due to privacy and confidentiality concerns. (https://georgiainsights.gadoe.org/data-reports)

    What enforcement mechanisms exist for non-compliance?

General

    • Georgia law (O.C.G.A. § 20-2-751.4) requires every school district to have a written policy prohibiting bullying, with clear reporting and investigation procedures.

    • Students (or parents) can submit a complaint to a designated school administrator or counselor. Schools must investigate and notify parents when bullying occurs.

    • District policies must include a way for students to report bullying anonymously. This protects students from retaliation while ensuring the issue is documented.

  • Schools are required to investigate and keep records. Students can ask for written confirmation of the complaint, findings, and actions taken. This creates a paper trail if escalation is needed.

    • If a school fails to act, students can appeal to the local school board, which is responsible for adopting and enforcing anti-bullying policies.

    • The Georgia Department of Education can be contacted if a district fails to comply with statutory requirements. Administrative Rule 160-4-8-.15 (Student Discipline) provides additional enforcement mechanisms

State Attorney General Enforcement Actions

  • Has the AG taken civil rights actions involving education in the past 5 years?

    • No

    What enforcement powers does the AG possess in education-related cases?

    • The AG cannot provide legal advice to private citizens or intervene in individual disputes between parents/students and schools. (https://law.georgia.gov/about-us/duties) 

    • The AG does not have direct regulatory authority over local school districts.

    • The AG represents the State of Georgia, including the Department of Education, State Board of Education, and Professional Standards Commission (PSC) in legal matters. This includes defending or initiating lawsuits involving public education policies, funding, or constitutional issues. The AG’s office may defer cases to other state agencies, like Georgia Department of Education.

    Does the AG accept individual education civil rights complaints, or does the office only take on broad investigations? (if they do individual complaints, would want to answer the below complaint process questions for the AG’s office)

    • Does not accept individual education civil rights complaints. It takes on broad investigations in general.

  • Does the AG have an office/section dedicated to education or education civil rights issues? (If the AG has sections or offices dedicated to education or children's rights issues, please identify that office when responding to relevant questions above and with respect to the complaint process below.)

Other State Enforcement Systems

  • Divisions:

    • Division for Special Education

    • Handles complaints related to the rights and services of students with disabilities under the Individuals with Disabilities Education Act (IDEA). (https://gadoe.org/special-education)

    • Office of Federal Programs (https://gadoe.org/federal-programs/filing-formal-complaints-under-essa/) handles complaints under

    • Every Student Succeeds Act of 2015 (ESSA) Programs

    • Title IX, Part A – the McKinney-Vento Homeless Assistance 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.)

    • Note: ESSA State Ombudsman – designated role and operates as part of the Federal Programs Division. (Complaints regarding private school services under ESSA programs are handled  by the State Ombudsman. Ombudsman monitors and enforces ESEA equitable services requirements under both Title I and Title VIII. (ESEA sections 1117(a)(3)(B) and 8501(a)(3)(B).)) 

    • Complaint Process:

      • Special Education - Processes guaranteed to families of students with disabilities under the IDEA when a resolution cannot be worked out locally. (https://gadoe.org/special-education/dispute-resolution/; The quickest and most efficient method is to contact the special education administration in the system. The special education director can often assist a family to work out the differences with minimal time and conflict.) 

      • Federal Programs

      ESSA Programs - An organization or individual may file a formal complaint alleging a violation of ESSA against a Georgia school district, 21st Century Community Learning Center (21st CCLC) program, or the Georgia Department of Education (GaDOE) itself. (https://gadoe.org/federal-programs/filing-formal-complaints-under-essa/; FAQ https://lor2.gadoe.org/gadoe/file/66df0801-ca32-409f-a799-a2f4998553f9/1/Federal%20Complaints%20FAQs.pdf)

      • Formal Complaint

      • Human Rights/Relations Commissions (state and local)

      • State Civil Rights Departments independent of AG offices

      • Other State Offices with relevant jurisdiction

      • State Charter Schools Commission of Georgia (SCSC) (State Government Agency) (https://scsc.georgia.gov/. This is a complaint process that will not substitute for formal civil rights enforcement. The SCSC’s authority is limited to holding the school accountable for its performance in meeting academic, financial, and operational expectations under its charter contract and its obligations under applicable law. The SCSC itself does not investigate or enforce civil rights claims but may refer civil rights complaints to OCR, GA Department of Education or other state or federal agencies.)

      • File a Complaint (https://scsc.georgia.gov/about-us/contact-commission/file-complaint)

        • Local Education Agency (LEA) 

        • Public School District, state charter schools, GA DoE. LEA receives Federal financial assistance to operate the National School Lunch Program, the School Breakfast Program or the Special Milk Program. Bears responsibility to ensure compliance with Title IV of the Civil Rights Act of 1964, as amended, and certain other Federal civil rights laws and regulations. (https://lor2.gadoe.org/gadoe/file/c107ab0a-9712-4b7c-9220-d2304e338443/1/CivilRightsComplaintsDirective.pdf; The LEA, Georgia Department of Education (GaDOE) School Nutrition Division (SND), and the Food Nutrition Service Civil Rights Division (FNS CRD) will cooperate in tracking, processing, and resolving complaints of discrimination that fall within the scope of this directive.)

        • Refers written and verbal complaints to Food Nutrition Service Civil Rights Division (FNS CRD), a federal division with the USDA

Agency 2 State Charter School Commission of Georgia

  • Who is eligible to file (students, parents, advocates, others)?

    • Parent, employee or other. In the event of ‘other’ you are requested to describe your relationship with the school.

    Are there other administrative processes someone may have to exhaust before initiating a complaint? (i.e., going through school’s, district’s, or other agency’s process first, etc.)

    • SCSC suggests following the school’s grievance procedures first, which would include who can file complaints under such school’s grievance policy.

    • If you have followed the school’s grievance procedures and still have concerns SCSC suggests you contact the school’s governing board.

    • If you have not done the above you can still file a complaint with the SCSC.

    How to initiate the process (relevant websites, standard forms, submission locations)

    Can complaints be filed anonymously or confidentially?

    • The SCSC does not explicitly state on its website that complaints can be filed anonymously or confidentially. You can choose to not have your information shared by SCSC with the school in their follow up on the complaint.

    • SCSC notes on its website that failure to give permission to share details of your complaint may limit their ability to successfully resolve your complaint.

    • As a state government agency, complaints submitted to the SCSC are subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq). This means that the information contained in your complaint may be shared in response to an open records request. If your complaint is the subject of an open records request, the SCSC will redact all personally identifiable information of the student in accordance with state and federal law.

    Are there language access requirements for complaint processes?

    • The SCSC does not explicitly mention language access requirements for its complaint process on its website. The webpage and Complaint Form are in English. 

    Are there known barriers to accessing enforcement (filing fees, documentation requirements)?

    • No.

    Can complainants have advocates or legal representation?

    • The SCSC website does not mention whether representation is allowed. There is no explicit restriction on complainants having advocates or legal representation when filing a complaint.

    Are complainants entitled to legal representation or other advocates to file or at any point in the process?

    • The SCSC website does not explicitly state whether complainants are entitled to legal representation or other advocacy during the complaint process. There is no explicit restriction on complainants having legal representation or other advocates when filing a complaint.

  • What are the required elements of the civil rights claim?

    • N/A

    Who reviews claims and what timeframes apply?

    • No published timeline.

    What type of investigation may occur?

    • Administrative review, generally focused on whether the charter school is meeting its obligations under its charter  agreement and/or applicable state and federal laws.

    Who participates in investigations?

    • No information available.

    Are complainants entitled to a hearing of any kind? If yes, what are complainants entitled to during the hearing?

    • No information available.

    What privacy/confidentiality protections exist?

    • You may choose not to be contacted by the SCSC about your complaint. 

    • You may decide that you don’t want your information to be shared by SCSC with the school But the SCSC states that that failure to give permission to share details from your complaint may limit our ability to successfully resolve your complaint.

    • As a state government agency, complaints submitted to the State Charter Schools Commission of Georgia are subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq). This means that the information contained in your complaint may be shared in response to an open records request. If your complaint is the subject of an open records request, the SCSC will redact all personally identifiable information of the student in accordance with state and federal law. (https://scsc.georgia.gov/about-us/contact-commission/file-complaint)

    Are school districts required to publicly post civil rights complaint procedures?

    • Yes. In Georgia, school districts are generally required to have and follow civil rights complaint procedures, particularly in compliance with federal laws such as: Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act (ADA). These laws mandate that recipients of federal funds—including public school districts—must adopt and publicize procedures for handling civil rights complaints.

  • What is the appeals process, if any?

    • None.

    Are remedies legally enforceable once a violation is found?

    • No.

    Are there other administrative processes that must be exhausted before taking legal action?

    • No, the complainant can go directly to OCR to file a complaint.

    Do state agencies publish complaint outcome data?

    • The SCSC does not appear to publish complaint outcome data publicly. There is no indication on their complaint page or in their policies that they release outcome data.

    What enforcement mechanisms exist for non-compliance?

    SCSC:

    • Performance Monitoring

    • The SCSC uses a Comprehensive Performance Framework to evaluate schools on academic, financial, and operational performance.

    • Non-compliance in any of these areas can trigger further review or corrective action.

    • Corrective Action Plans

    • If a school is found to be out of compliance, the SCSC may require it to submit and implement a Corrective Action Plan (CAP) to address deficiencies.

    • Probationary Status

    • Schools may be placed on probation with specific conditions they must meet to remain in good standing.

    • Charter Contract Non-Renewal or Termination

    • For serious or persistent violations, the SCSC can: (i) decline to renew a school’s charter at the end of its term; or (ii) revoke or terminate the charter mid-term if the school fails to meet legal or contractual obligations.

    • Referral to Other Agencies

    • If the issue involves civil rights, special education, or criminal conduct, the SCSC may refer the matter to GaDOE or OCR.

    Complainant:

    • Escalate issues to external agencies OCR or GaDOE.

    Request public records or attend board meetings to hold schools accountable through transparency. (https://scsc.georgia.gov/about-us/contact-commission/request-records)