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Elementary and Secondary Education Act (ESEA) Complaint Process

NOTE: Complaints related to students with disabilities or the individuals with Disabilities Education Act (IDEA) should be filed with CDE's Exceptional Student Services Unit. Information regarding that process can be found at: www.cde.state.co.us/spedlaw  

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Section 9304(a)(3)(C) of the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the No Child Left Behind Act of 2001 (P.L. 107-110) requires the Colorado Department of Education (CDE) to adopt written procedures for receiving and resolving complaints about the administration of ESEA programs. ESEA is the primary federal law affecting K-12 education. The main goal of ESEA is to help all students in the state to reach proficiency in English language arts and mathematics.


This complaint process is available for parties that believe an ESEA program was not administered in accordance with federal law and regulations. A complaint must involve any one of the following entities:

  • School District
  • BOCES
  • Colorado Department of Education
  • ESEA Subgrantee
  • Education Services Vendor
  • Supplemental Education Services (SES) provider
  • State Agency

Before filing a complaint with CDE, every effort must be made to resolve the complaint at the local level with the parties involved. If the issue cannot be resolved at the local level, a complaint can be filed with CDE.


Filing a Complaint

To file a complaint, the ESEA Complaint Form below must be fully completed.

ESEA Complaint Form

The form requires a party to explain the nature of the complaint, the entities involved and the resolution being sought. See the complaint form for exact requirements.

CDE will send a copy of the complaint to all parties involved. Those entities will be allowed to respond to the complaint in writing within thirty (30) calendar days of receipt.

CDE, at its discretion, may allow the parties to present additional information or evidence in person and/or in writing. 


No additions or corrections may be made to the written complaint once the complaint has been submitted, unless requested by CDE.


Complaint Resolution

CDE will typically respond to properly submitted complaints within sixty (60) calendar days of receipt of the complaint or within 60 calendar days of receipt of a response by a named party or receipt of documents requested by CDE. CDE may extend the response timeline. If such an extension is necessary, CDE will notify all parties in writing of the reason for the extension and the new response timeline.

Depending on the nature of the complaint and the type of relief sought, CDE may not be able provide a resolution or remedy. If the complaint is beyond the scope of CDE’s authority, the parties will be informed in writing and directed to the appropriate entity to resolve the dispute.

CDE will issue a written resolution which will include the following:

  • A citation to and statement of the ESEA program requirements involved.
  • A summary of the information, records or data reviewed and considered.
  • The conclusions for each allegation, including the reasons for the conclusion.
  • Any technical assistance, negotiation or corrective action that must occur and when the action must occur.

The written resolution will be mailed to all parties involved. CDE’s written resolution is final - no further appeal may be made at the state level.