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1000 Series - Governing Policies » 1740/4010 Student and Parent Grievance Procedure

1740/4010 Student and Parent Grievance Procedure

1740/4010 Student and Parent Grievance Procedure

1740/4010 Student and Parent Grievance Form

It is the policy of the Wilkes County Board of Education that each student, regardless of age, race, sex, religion, color, creed, national origin, or handicapping condition, shall have the right to present for resolution all complaints or problems arising from the student role and shall be encouraged to do so without fear of recrimination.
 
The Board of Education requires that every effort should be made to ensure that each student shall receive fair and impartial treatment. To that end, the Board hereby adopts grievance procedures that are intended to facilitate the handling of all student/teacher/principal complaints and resolution of problems.
 
In this policy and accompanying regulations, the word student is meant to include the parents of that student.

A. Options for Resolving Complaints

The Wilkes County Board of Education strives to resolve concerns and complaints whenever possible. To this end, the Board of Education has provided opportunities for students and parents to express their concerns through processes established in Board of Education policies. Board of Education policy 1742/5060, Responding to Complaints, identifies these different processes and provides a mechanism for resolving complaints in an informal manner.
 
While the Board of Education encourages informal resolutions, the Board of Education recognizes that students and parents may want a more formal process for certain types of complaints or if an informal process was not satisfactory. This policy provides a complaint procedure that can be used as described below.
 
Any parent or student who is unclear of the options for proceeding with a concern may contact the principal’s office or the superintendent’s office for further information and copies of all applicable Board of Education policies.

B. Definitions

Days:  the working days, exclusive of Saturdays, Sundays, vacation days, or holidays, as set forth in the school calendar. In counting days, the first day will be the first full working day following the receipt of the grievance. After May 1, time limits will consist of all weekdays (Monday - Friday) so that the matter may be resolved before the close of the school term or as soon thereafter as possible.
 
Grievance:  a formal complaint regarding specific decisions made or actions conducted by school personnel. A grievance may be submitted in specific circumstances such as when a student or parent believes that Board of Education policy or law has been misapplied, misinterpreted, or violated.
 
Grievant:  the parent or student or group of parents or students submitting the grievance.
 
Official:  the school district personnel hearing and responding to the grievant.
 
Parent:  all references to parent include a student’s parent, legal guardian, legal custodian, or another caregiver adult authorized to enroll a student.

C. Timeliness of Process

The number of days indicated at each level should be considered a maximum and every effort should be made to expedite the process.
 
Failure by the official at any step to communicate a decision within the specified time limit will permit the grievant to appeal the grievance to the next step unless the official has notified the grievant of the delay and the reason for the delay, such as the complexity of the investigation or report. The official will make reasonable efforts to keep the grievant apprised of progress being made during any period of delay. Delays are not permitted that interfere with the exercise of any legal rights.
 
Failure by the grievant at any step to appeal a grievance to the next step within the specified time limit will be considered acceptance of the decision at that step unless the grievant has notified the official of a delay and the reason for the delay, and the official has consented in writing to the delay.

D. General Requirements

  1. No reprisals of any kind will be taken by the Board of Education or by an employee of the school district against any grievant or other student or employee on account of his or her participation in a grievance filed and decided pursuant to this policy.
  1. All meetings and hearings conducted pursuant to this policy will be private and confidential.
  1. The Board of Education and school district will consider requests to hear grievances from a group of grievants, but the Board of Education and officials have the discretion to respond to individual grievants.
  1. The grievant may have a representative including an attorney, at the grievant’s expense, at any stage of the grievance. However, if the grievant intends to be represented by legal counsel, he or she must notify the appropriate school official in advance so that school personnel also will have the opportunity to be represented by legal counsel.

E. Process for Grievance

Reporting Grievance
  1. A grievance must be filed as soon as possible but no longer than 30 days after disclosure or discovery of the facts giving rise to the grievance. For a grievance submitted after 30 days which claims a violation, misapplication, or misinterpretation of state or federal law, including discrimination, the superintendent or designee will determine whether the grievance will be investigated after considering factors such as the reason for the delay, the extent of the delay, the effect of the delay on the ability of the school district to investigate and respond to the complaint, and whether the investigation of the complaint is necessary to meet any legal obligations. However, students and parents should recognize that delays in reporting may significantly impair the ability of the school district to investigate and respond effectively to such complaints.
  1. A student or parent who has a grievance must provide the following information in writing to the principal:  (1) the name of the school district employee or other individual whose decision or action is at issue; (2) the specific decision(s) or actions at issue; (3) any Board of Education policy or law that the parent or student believes has been misapplied, misinterpreted, or violated; (4) and the specific resolution desired. If there is not a specific decision at issue and no concern that state or federal law has been misapplied, misinterpreted, or violated, then the procedure established in Board of Education policy 1742/5060, Responding to Complaints, is appropriate, and the principal will address the concern following that Board of Education policy.
  1. Even if the principal is the employee whose decision or action is at issue, the student or parent will submit the grievance first to the principal in order for the principal to address the issue within the formal process. If, however, the grievance claims that a state or federal law has been misapplied, misinterpreted, or violated, the student may submit the grievance directly to the superintendent or the superintendent’s designee.
 
Investigation
  1. The principal will schedule and hold a meeting with the grievant within five school days of receiving the request.
  1. The principal will conduct any investigation of the facts necessary before rendering a decision.
 
Response by Principal
  1. The principal will provide a written response to the grievance within ten days of the meeting. The response will include the principal’s decision regarding resolution of the grievance and the basis for the decision. In responding, the principal cannot disclose information about other students or employees that by law is considered confidential.
  1. A copy of the grievance and the principal’s response will be filed with the superintendent.
 
Response by Superintendent/Designee
  1. If the grievant is dissatisfied with the principal’s decision, the grievant may appeal the decision to the superintendent. The appeal must be made in writing within five days of receiving the principal’s decision.
  1. The superintendent/designee may review the written documents and respond, or the superintendent may schedule and hold a conference with the grievant and principal and any other individuals the superintendent/designee determines to be appropriate within five school days after receiving the appeal.
  1. The superintendent/designee will provide a written response within 10 days after receiving the appeal. In responding, the superintendent/designee cannot disclose information about other students or employees that by law is considered confidential.
 
Response by Board
  1. If the grievant is dissatisfied with the superintendent’s response, the grievant may appeal the decision to the Board of Education within five days of receiving the superintendent’s response.
  1. A hearing will be conducted pursuant to Board of Education policy 2500, Hearings Before the Board of Education.
  1. The Board of Education will provide a final written decision within 30 days of receiving the appeal unless further investigation is necessary or the hearing necessitates that more time be taken to respond.

F. Records

Records of discrimination complaints will be maintained in accordance with state and federal law.
 
 
 
 
Legal References:  G.S. 115C-45(c); 126-16,150B-43 et seq.
 
Cross References:  Responding to Complaints (Board of Education policy 1742/5060), Hearings Before the Board of Education (policy 2500)
 
Adopted:  January 9, 2006
 
Revised:  January 10, 2022