GRIEVANCE PROCEDURE

File: KAA/GAC/JA 

Uniform Grievance Policy

Students, parents, guardians, employees, or community members should notify one of the District’s designated ADA Compliance Administrators if they believe that the Board of Education, its employees, or agents have violated their rights guaranteed by the State or federal Constitution, State or federal statute, or Board policy or have a complaint regarding:

1. Title II of the Americans with Disabilities Act;
2. Title IX of the Education Amendments of 1972;
3. Section 504 of the Rehabilitation Act of 1973;
4. Individuals With Disabilities Education Act, 20 U.S.C. § 1400 et seq.
5. Title VI of the Civil Rights Act, 42 U.S.C. § 2000d et seq.
6. Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. § 2000e et seq.
7. Sexual harassment (Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972);
8. The misuse of funds received for services to improve educational opportunities for educationally disadvantaged or deprived children;
9. Curriculum, instructional materials, programs;
10. Victims’ Economic Security and Safety Act, P.A. 93-591:
11. Illinois Equal Pay Act of 2003, P.A. 93-0006; or
12. Provision of services to homeless students.

The ADA Compliance Administrator will attempt to resolve complaints without resorting to this grievance policy and, if a complaint is filed, to address the complaint promptly and equitably. The right of a person to prompt and equitable resolution of a complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies. Use of this grievance policy does not extend any filing deadline related to the pursuit of other remedies.

1. Filing a Complaint

A person (hereinafter Complainant) who wishes to avail himself or herself of this grievance policy may do so by filing a complaint with any Principal, Assistant Principal, or ADA Compliance Administrator (hereinafter Administrator). The Complainant shall not be required to file a complaint with a particular Administrator and may request a person of the same sex. The Administrator may request the Complainant to provide a written statement regarding the nature of the complaint or require a meeting with the parent(s)/guardian(s) of a student. The Administrator may assist the Complainant as needed.

2. Investigation

The Administrator will investigate the complaint or appoint a qualified person to undertake the investigation on his or her behalf. If the Complainant is a student, the Complaint Manager will notify his or her parent(s)/guardian(s) that they may attend any investigatory meetings in which their child is involved. The complaint or identity of the Complainant will not be disclosed except (1) as required by law or this policy, or (2) as necessary to fully investigate the complaint, or (3) as authorized by the Complainant. Any complaints, with the exception of the complaints regarding the Superintendent, will be noticed to the Superintendent, with the investigation to follow. After the investigation is complete, the Administrator shall file a written report of his or her findings with the Superintendent. The Superintendent will keep the Board informed of all complaints.Any complaints regarding the Superintendent will be noticed to the Board of Education so the Board is aware an investigation is underway. If a complaint of sexual harassment contains allegations involving the Superintendent, a written report shall be filed with the Board of Education which will make a decision in regard to the resolution of the complaint.

3. Decision and Appeal

Within 10 school days after receiving the Administrator’s report, the Superintendent shall mail his or her written decision to the Complainant by U.S. mail, first class, as well as the Administrator. Within 10 school days after receiving the Superintendent’s decision, the Complainant may appeal the decision to the Board of Education by making a written request to the Administrator. The Administrator shall promptly forward all materials relative to the complaint and appeal to the Board of Education. Within 10 school days after the next regularly scheduled Board meeting, the Board of Education shall affirm, reverse, or amend the Superintendent’s decision or direct the Superintendent to gather additional information for the Board. Within 10 school days of the Board’s decision, the Superintendent shall inform the Complainant of the Board’s action. The Complainant may appeal the School Board’s decision to the Regional Superintendent pursuant to Section 3-10 of The School Code and, thereafter, to the State Superintendent pursuant to Section 2-3.8 of The School Code. This grievance policy shall not be construed to create an independent right to a Board of Education hearing. The failure to strictly follow the timelines in this grievance policy shall not prejudice any party.

Legal References:
– Age Discrimination in Employment Act, 29 U.S.C. §621 et seq
– Americans With Disabilities Act, 42 U.S.C. §12101 et seq.
– Equal Pay Act, 29 U.S.C. §206(d).
– Immigration Reform and Control Act, 8 U.S.C. §1324a et  seq.
– Individuals With Disabilities Education Act, 20 U.S.C. §1400 et seq.
– McKinney Homeless Assistance Act, 42 U.S.C. §11431 et seq.
– Rehabilitation Act of 1973, 29 U.S.C. §791 et seq.
– Title VI of the Civil Rights Act, 42 U.S.C. §2000d et seq.
– Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. §200 et seq.
– Title IX of the Education Amendments, 20 U.S.C. §1681 et seq.
– Equal Pay Act of 2003, 820 ILCS 112/1 et seq.
– Victims’ Economic Security and Safety Act, 826 ILCA 180/1 et seq.
– 775 ILCS 5/1-101 et seq.
– 105 ILCS 5/2-3.8, 5/3-10, 5/10-20.7a, 5/10-22.5, 5/22-19, 5/24-4, 5/27-1, and 45/1-15.
– 23 Ill. Admin. Code §§1.240 and 200-40.

Adopted by Board of Education: September 25, 2008