ACG

PEMBROKE SCHOOL DISTRICT

GRIEVANCE PROCEDURE

TITLES VI AND IX

SECTION 504

and the

EDUCATION OF ALL HANDICAPPED CHILDREN ACT (1975)

Generally, a grievance is defined as any allegation of non-compliance with Title VI or IX, Section 504, the Education of All Handicapped Children Act (1975), or the provisions of their implementing regulations.

The purpose of a grievance procedure is to provide for prompt and equitable resolutions of student and employee complaints alleging discrimination according to the provisions of these statutes which prohibit discrimination based on race, color, national origin, age, sex, religion, or handicap in federally assisted education programs. It is understood that an attempt to resolve the grievance directly with the immediate supervisor should be made at the earliest possible time during the procedure.

Nothing contained in the grievance procedure should be construed as limiting the right of an employee or student having a grievance to discuss the matter informally and having the grievance adjusted without further intervention provided that adjustment is not inconsistent with the terms of this policy and the employee or student has been given the opportunity to express his/her views.

The number of people involved with any investigation will be kept as small as possible. All those who are involved will protect the confidentiality of any and all information relating to the case. Maintaining confidentiality without violating due process should always be a goal.

Retaliation in any form against any person who has filed a grievance is strictly forbidden.

A. Informal Complaints

Each district or building shall designate two or more complaint managers. At least one complaint manager will be female and one male. These managers:

  1. Are authorized to receive and investigate informal grievance complaints.

  2. May help the complainant communicate the alleged violation and the resolution sought in writing or verbally.

  3. Will attempt to resolve complaints informally with as much confidentiality as possible.

  4. Will respond to the complainant in writing within ten (10) working days concerning the resolution of the informal grievance.

If the situation warrants a meeting with another party or parties, the manager, if requested to do so, may accompany the complainant or merely be notified when the meeting is scheduled and informed of the results after it has taken place. This process should result in successful resolution or demonstrate that a formal grievance needs to be filed. The goal is to educate persons to the laws and policies and to encourage resolutions to problems by mutual agreement.

APPROVED: August 23, 1994

REVISED: October 8, 1996

B. Formal Grievance

Step 1

If the Informal Complaint process does not result in resolution and/or if the complainant desires to pursue a formal process, a Formal Grievance may be filed with the SAU’s Assistant Superintendent of Schools. This written statement of the details of the grievance must be signed by the complainant and must be filed within five (5) business days of receipt of the complaint manager’s response. (See Section A) A formal grievance may be initiated individually or with the assistance of a building complaint manager. The Coordinator shall further investigate the matters of grievance and reply in writing to the complainant within fifteen (15) business days concerning the disposition of the grievance. In the event that the Assistant Superintendent is unavailable to fulfill this responsibility, the Superintendent will designate an SAU Coordinator to oversee the grievance.

Step 2

If either party involved wishes to appeal the decision of the Assistant Superintendent, he/she may submit a signed statement of appeal, along with other written information pertinent to the grievance, to the Superintendent of Schools within five (5) business days after receipt of the Assistant Superintendent’s response. The Superintendent shall meet with all parties involved, conduct an appropriate investigation, formulate a conclusion, and respond in writing to the complainant within fifteen (15) business days of receipt. In cases where the Superintendent is not or may not be impartial, the District may appoint another person to serve as an impartial hearing officer.

Step 3

If either party remains dissatisfied, he/she/they may appeal through a signed written statement to the School Board within five (5) business days of his/her/their receipt of the response in Step 2. In an attempt to resolve the grievance, the School Board, serving as a board of appeal, shall conduct a hearing with the concerned parties and their representatives within thirty (30) business days of the receipt of such an appeal. A copy of the Board’s disposition of the appeal shall be sent to each concerned party within thirty (30) business days of this meeting. In cases where the Board of Education is not or may not be impartial, the District may appoint one or more persons to review the decision of the Superintendent or alternative hearing officer from Step 2.

Step 4

If at any point in the process, is felt that the issues in question are not being properly addressed, further appeal may be made to the Office for Civil Rights, Region I, U.S. Department of Education, John W. McCormack Post Office and Court House Square, Room 222, Boston, Massachusetts 02109