KED – Facilities or Services – Grievance Procedure (Section 504)

This policy contains grievance procedures which address alleged violations of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. The District’s Civil Rights Coordinator is charged with efforts to comply with these laws.

1. The School Board hereby adopts the following Grievance Procedure, which may be used by any person believing that the District, School Administrative Unit (SAU), employees of the District or SAU, students, or third parties violated any of the laws or regulations referenced above. The Assistant Superintendent is designated as the District’s Civil Rights Coordinator. He/she is charged with efforts to comply with the above referenced laws. The Assistant Superintendent may be reached at: School Administrative Unit #1, 106 Hancock Road, Peterborough, NH 03458, 603-924-3336. Any complainant has the right to file a grievance with the Civil Rights Coordinator, should they not wish to pursue the informal process described in paragraph 2, below.

2. Any person who has a grievance may discuss it first with the appropriate building Principal in an attempt to resolve the matter informally at that level. The alleged violation must have occurred within 180 days of the informal discussion. The complainant may, at any time, suspend the informal process and submit a formal grievance to the building Principal.

3. If, within five school days of the informal discussion, the matter is not resolved to the satisfaction of the aggrieved party, or if the aggrieved party wish to bypass the informal process and file a formal grievance, the complainant may submit a formal grievance (verbally or in writing) to the Building Principal. A written grievance should contain the name and address of the complainant, a description of the alleged violation, and the remedy or relief sought. The alleged violation must have occurred within 180 days of the date that the grievance was filed. If the complaint is made verbally, the Principal shall reduce the allegations to writing and provide a copy to the complainant. The Principal shall investigate the allegations in the complaint. The aggrieved party, and where appropriate, the person alleged to have discriminated against the complaint, shall have the opportunity to present witnesses and other evidence. The Principal shall communicate his/her decision to the aggrieved party in writing within five (5) school days of receipt of the grievance, unless the complainant and the District agree to extend this timeline. The Principal’s written decision shall comply with all applicable privacy laws, including but not limited to, the Family Educational Rights and Privacy Act.

4. If the grievance is not resolved to the complainant’s satisfaction, the aggrieved party, no later than five (5) school days after receipt of the Principal’s decision, may appeal the Principal’s decision to the Civil Rights Coordinator. The appeal to the Coordinator must be made in writing, reciting the matter submitted to the Principal and the aggrieved party’s dissatisfaction with decisions previously rendered. The Coordinator shall meet with the aggrieved party to attempt to resolve the matter as quickly as possible, but within a period not to exceed five (5) school days. The Coordinator shall communicate his/her decision in writing to the aggrieved party and the Principal not later than five (5) school days after the meeting with the aggrieved party.

5. The District will take steps, including but not limited to, discipline of students and/or employees, to prevent recurrence of any discriminatory conduct, and to correct discriminatory effects on the complainant and others, if appropriate. The District will also take steps, including but not limited to, discipline of students and/or employees, to prevent retaliation against the person who made the complaint (and/or was the subject of the discrimination), and against those who participated in the investigation of the alleged discriminatory conduct. Potential consequences for any violations of the above-referenced regulations, including engaging in retaliatory conduct, include, but are not limited to: written warning to the offender(s), suspension, expulsion, or termination of the offender(s), non-disciplinary interventions, or any other remedial steps necessary to ensure compliance with these regulations. Where appropriate, the District may also provide the complainant(s) or victim(s) with non-disciplinary interventions. The District shall not retaliate against anyone who files a grievance or participates in the investigation of a grievance.

6. If the complainant and the District agree, the Principal or the Civil Rights Coordinator may attempt to resolve the complaint through mediation. If the parties decide to pursue mediation, the timelines for the completion of the investigation or appeal will be standing, pending the resolution of the mediation. If the School District and aggrieved party agree on a mutual solution to the alleged discrimination, the investigation or appeal would be closed.

7. The decision of the Civil Rights Coordinator is final pending any further legal recourse as may be described in current local district, state, or federal statutes pertaining to Section 504 of the Rehabilitation Act of 1973 or Title II of the Americans with Disabilities Act of 1990. A complainant has the right to file a complaint at any time alleging discrimination under the above referenced laws and regulations with the; U.S. Department of Education, Office for Civil Rights, 5 Post Office Square, Suite 900, 8th Floor, Boston, MA 02109-3921.

8. This grievance procedure shall be disseminated to students, parents/guardians, employees, and other interested parties. The procedure shall be available on the ConVal School District’s website, shall be printed in the parent/student handbook, and shall be available upon request from the building Principal or his/her designee, and at the SAU office.

Legal References:
Section 504 of the Rehabilitation Act of 1973
34 C.F.R. § 104.7(b), Adoption of Grievance Procedures
Americans with Disabilities Act, 42 U.S.C. 12132
28 C.F.R. § 35.107, Adoption of Grievance Procedures.

Category: P

1st Reading: June 19, 2012
2nd Reading: August 14, 2012
Adoption: August 14, 2012