FILE:  H-3.1a

Cf:  F-4, I-3

 

COMPLAINTS AND GRIEVANCES

 

 

The Central Community School Board believes it is the right and responsibility of both school officials and students to develop a functional and orderly procedure in every school through which consideration of student problems and concerns can be discussed and resolved quickly and equitably.  It is the School Board's intent and purpose of discussion and appeal procedures to provide access to appropriate school officials within a reasonable time.  Therefore, all student complaints and grievances shall be handled in accordance with the following procedures:

 

Step 1

Any student shall promptly present to the principal the grievance in writing.  Such notice shall be presented no later than five (5) working days after the day on which the alleged grievance occurred.  The student and his/her principal shall attempt to resolve the grievance.  The principal shall make a proper disposition of the grievance and shall reply to the student in writing within five (5) working days following the date of submission.  If the grievance is not submitted within the time prescribed, the student shall be deemed not to have any further right with respect to said grievance.

 
Step 2.

In the event the student wishes to appeal the decision at Step 1, the appeal must be presented in writing to the Superintendent's designee.  Such appeal shall be presented within five (5) working days of the receipt of the Step 1 decision.  Such appeal shall contain a statement of the grievance and specific references to the section of the School Board policies or Student Handbook provisions, if possible, which the student claims to have been violated.  The Superintendent's designee shall schedule a meeting with the student as promptly as is reasonably possible to attempt to resolve the grievance.  Notice of the conference shall also be given to all parties involved in an alleged grievance.  The Superintendent's designee shall issue a written decision to the student within five (5) working days after the conference.  Unless the grievance shall be so appealed, it shall be deemed to have been settled and the student shall have no further right with respect to said grievance.

 
Step 3. 

In the event the student wishes to appeal the decision at Step 2, the appeal must be presented to the Superintendent in writing within five (5) working days of the receipt of the Step 2 decision.  A copy of the Step 3 appeal, together with Step 1 and Step 2 decisions shall be submitted to the Superintendent.  The Superintendent shall schedule a meeting with the student within ten (10) working days to attempt to resolve the grievance.  Notice of the Step 3 conference shall be given to the student, as well as to the individuals who rendered the Step 1 and Step 2 decisions.  The Superintendent shall issue a written decision within ten (10) working days after the conference with the student.  Unless the grievance shall be so appealed, it shall be deemed to have been settled and the student shall have no further right with respect to said grievance.

 
Step 4.

In the event the student wishes to appeal to the School Board the decision at Step 3, the appeal must be presented to the Superintendent as officer of the School Board within five (5) working days of the receipt of the Step 4 decision.  A copy of the Step 4 appeal, together with copies of the grievance, the Step 1, Step 2 and Step 3 decisions shall simultaneously be submitted to the Superintendent.  The student's appearance to present his/her appeal before the School Board shall be scheduled in accordance with regular procedures adopted by the School Board.  The student may appear alone at this conference or be accompanied by counsel of his/her own choice.  The School Board shall issue a written decision within twenty (20) calendar days after the conference with the student.

 

DEFINITIONS

 

In this policy, the terms complaint and grievance shall have the same meaning.  This policy shall apply to all student and parent complaints, except as provided elsewhere in this policy.

 

Representative shall mean any person who is designated by the student or parent to represent the student in the complaint process.  A student may be accompanied by his/her parent at any level of the grievance.  The student may designate a representative through written notice to the Superintendent or his/her designee at Steps 3 and 4 of the grievance process.  Written notice should be provided at least three (3) days prior to the scheduled meetings at Steps 3 and 4.

 

Working days shall mean School Board business days.

 

CONSOLIDATING COMPLAINTS/GRIEVANCES

 

Complaints arising out of an event or a series of related events shall be addressed in one complaint.  A student or parent shall not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint.

 

EXCEPTIONS

 

Student complaints or grievances shall not apply to:

 

  1. Allegations regarding discrimination or harassment based on race, color, gender, national origin, disability, or religion.

  2. Complaints concerning dating violence.

  3. Allegations concerning retaliation related to discrimination and harassment.

  4. Complaints concerning bullying.

  5. Loss of credit on the basis of attendance.

  6. Removal to a disciplinary alternative education program.

  7. Expulsion decisions.

  8. Identification, evaluation, or educational placement of a student with a disability within the scope of Section 504.

  9. Identification, evaluation, educational placement, or discipline of a student with a disability within the scope of the Individuals with Disabilities Education Act.

  10. Complaints concerning instructional materials.

  11. Complaints concerning a law enforcement official who is an employee of the School Board.

  12. Intradistrict transfers or campus assignments.

 

 

Ref:    La. Rev. Stat. Ann. ยง17:81

Pickering v. Board of Education, 88 S. Ct. 1731 (1968)

Givhan v. Western Line Consolidated School, 99 S. Ct. 593 (1979)

 

Central Community School Board