Definitions
- Grievant shall mean a student who alleges that there has been a violation of Section 504 Regulations or other federal or state discrimination laws, other than Title IX or the Dignity for All Students Act, which affect them.
- Grievance shall mean any alleged violation of Section 504 Regulations or other federal or state discrimination laws, other than Title IX or the Dignity for All Students Act.
- Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under this policy and regulation.
- Representative shall mean any person designated by the grievant to act in their behalf.
Individual complaints and grievances shall be handled in accordance with the following guidelines:
- For informal conciliation, students should confer with the appropriate teacher or school personnel to achieve prompt resolution. Students may appeal to the highest authority in the school building, i.e., the Building Principal, who has the final determination on all such matters.
- For resolution of matters where appeal procedures are prescribed by statute, e.g., student suspensions, the prescribed course of action will be followed.
- On issues affecting the student body, students may address the student government or student council in order to resolve such matters. Students may be afforded a conference with the Building Principal in accordance with the rules and procedures established by the student government.
- The resolution of student complaints alleging any action prohibited by Section 504 of the Rehabilitation Act or other federal or state discrimination laws shall be dealt with in the following manner:
Stages
- Stage 1 – Compliance Officer
- As sson as practicable, if possible, within thirty (30) days after the events giving rise to the allegation, the grievant shall file a grievance in writing with the Compliance Officer. The Compliance Officer may informally discuss the grievance with the grievant and will promptly and thoroughly investigate the complaint. All employees of the school district shall cooperate with the Compliance Officer in such investigation.
- Within sixty days of the receipt of the grievance, the Compliance Officer shall make a finding in writing that there has or has not been a violation of the law. If the Compliance Officer needs more time, they will notify the parties of the anticipated date of completion. In the event the Compliance Officer finds that there has been a violation, they shall propose a resolution of the complaint.
- The District permits the grievant or the accused to appeal the findings of a grievance on the following limited grounds:
- Procedural irregularity that would change the outcome;
- New evidence that would change the outcome and that was not reasonably available when the dismissal was made; and
- The Compliance Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that would change the outcome.
A written request for review must be submitted to the Superintendent within ten (10) days
after receiving the report of the Compliance Officer. Untimely submissions shall not receive consideration. Such appeal must be made in writing to the Superintendent.
- Stage II – Superintendent of Schools
- The Superintendent may determine whether someone other than the Superintendent will be appointed to hear the appeal. The Superintendent shall provide the parties a reasonable and equal opportunity to make a written statement in support of, or challenging, the outcome.2. The Superintendent shall make their decision within fifteen (15) calendar days of receipt of the appeal. If the Superintendent requires a reasonable extension of time for good cause, they shall notify both parties as to the reason and the approximate date by which they anticipate being able to complete the process. The Superintendent’s decision shall be final. The parties shall be notified of the decision and the rationale for the result in writing.
Distribution of the Grievance Procedure
Parents, students and employees will be notified that this policy is available on the District’s website.
Other Channels for Filing Complaints
Student complaints alleging discrimination can also be filed: United States Department of Education, Office for Civil Rights at 32 Old Slip, 26th Floor, New York, New York 10005.
Adoption date: May 27, 1997
Revised: July 13, 2004
Revised: July 6, 2017
Revised: January 22, 2019
Revised: October 23, 2023
Revised: July 22, 2024
5311.3-R- Student Complaints and Grievances Regulation pdf