GENERAL ADMINISTRATION Regulation 1310 (Form 1310) Equal

GENERAL ADMINISTRATION
Regulation 1310
(Form 1310)
Equal Opportunity
Civil Rights, Title IX, Section 504
This Regulation outlines the responsibilities of Title IX and Section 504 Coordinators and
provides mechanisms for the resolution of grievances/complaints by employees, patrons and/or
students relating to discrimination based on sex under Title IX or disability under Section 504.
For appeal procedures relating to the identification, evaluation or placement of students under
Section 504, see Regulation 2110 - Equal Education Opportunity.
DEFINITIONS
Section 504 - Section 504 of the Rehabilitation Act of 1973.
Title IX - Title IX of the Education Amendments of 1972
Grievance - A complaint alleging a violation of (1) any District policy, procedure or practice
covered by Title IX or Section 504, or (2) other federal or state civil rights laws, rules and
regulations or Board of Education policy prohibiting discrimination on the basis of sex or
disability - other than a complaint regarding a student's identification, evaluation or placement
under Section 504. Section 504 programming for students is covered under separate District
regulations (Regulation 2110 - Equal Education Opportunity, and Regulation 6250 - Instruction
for Students with Disabilities).
Federal and State Civil Rights Laws, Rules and Regulations - The Constitutions of the United
States and the State of Missouri, the Americans with Disabilities Act of 1990, and the Missouri
Human Rights Act, and rules and regulations applicable thereto.
Grievant(s) - A student of the District, the parent/guardian of a student of the District, or a patron
of the District, or an employee of the District, who submits a grievance.
School District – Harrisburg R-VIII School District
Section 504/Title IX Coordinator (Coordinator) - The employee(s) designated to coordinate the
District's efforts to comply with Section 504 and Title IX. This employee's responsibilities
include receiving and facilitating the processing of complaints. The name of the Coordinator
shall be identified in various District publications and shall be posted. If the grievance relates to
an alleged wrongful act by the person(s) indentified to hear the grievance, the grievant may
request the Coordinator to assign a different employee to meeting the grievant.
Day - A working day. Saturdays, Sundays and school holidays shall not be included when
calculating number of days in the grievance process. Unless otherwise noted, day will include
summer vacation days, exclusive of Saturdays and Sundays.
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Regulation 1310
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COORDINATOR'S RESPONSIBILITIES (Section 504 and Title IX Coordinator)
1.
Develop a Section 504 grievance procedure which provides for due process for use by
students and staff; develop a Title IX grievance procedure for use by students and staff,
provide information about the availability and use of the grievance procedure and
maintain a record of all grievance problems and solutions.
2.
Develop a job description for the Section 504 and Title IX Coordinator; inform District
personnel of the Coordinator's responsibilities and assure periodic meetings to update
staff on Section 504 and Title IX activities.
3.
Provide ongoing review of District bulletins, catalogs, Board policies, counseling
procedures, yearbooks, and administrative regulations and practices related to compliance
with Section 504 and Title IX.
4.
Ensure that annual notice of the Section 504 and Title IX Coordinator's name, address,
and telephone number is placed in school catalogs, handbooks, etc. (See Form 1310.1)
5.
Review student-sponsored organizations and suggest criteria for compliance with Section
504 and Title IX.
6.
Become familiar with resources/information for assistance with LEA self-evaluation and
remediation available from the Office for Civil Rights.
7.
Develop a systematic procedure for monitoring compliance with Section 504 and Title
IX.
8.
Disseminate information about student rights in relation to Section 504 and Title IX.
9.
Disseminate facility accessibility information to students and staff.
10.
Assure that cooperative training agreements and/or LEA contracts have appropriate
nondiscrimination statements.
11.
Evaluate present treatment of practices relating to pregnant students to determine
compliance with Title IX regulations.
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GENERAL PROVISIONS
The Coordinator shall receive complaints, actively and independently investigate the merit of
those complaints, and assist the parties in resolution of those complaints. The Coordinator may
be utilized as a resource by any party at any level of the grievance procedures.
Students, parents of elementary and secondary school students, employees, applicants for
admission and employment, and sources of referral of applicants for admission and employment
with Harrisburg R-VIII School District have the right to file a formal complaint alleging
noncompliance with regulations outlined in Title IX or Section 504.
Relevant records shall be made available to the grievant to the extent appropriate under the
particular circumstances of the specific complaint and as permitted by law.
The grievance procedures herein do not deny the right of the grievant to file formal complaints
with other appropriate state or federal agencies, such as the Missouri Human Rights
Commission, United States Department of Education office for Civil Rights, or the Equal
Employment Opportunity Commission (employees only). Similarly, these procedures do not
deny any right of the grievant to seek private counsel for complaints alleging discrimination.
In most instances involving a student under eighteen years old, the student's parent/guardian
should participate in the hearing and resolution process.
No student or employee of the District shall intimidate, harass or retaliate against any person
filing a grievance or any person participating in the investigation or resolution of a grievance.
If a grievance is taken to the Board of Education for a formal contested hearing, the parties shall
have the right to be represented by legal counsel, to call and examine witnesses, to crossexamine witnesses called by the opposing party, and to submit documentary evidence into the
record.
TITLE IX GRIEVANCE PROCEDURE
Level 1:
Principal or Immediate Supervisor (Informal and Optional - may be
bypassed by grievant.)
Employees claiming sex discrimination may first discuss the grievance with their principal or
immediate supervisor, with the object of resolving the matter informally. A student or parent
with a sex discrimination complaint may discuss it with the teacher, counselor, or building
administrator involved.
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Level 2:
Title IX Coordinator
If the grievance is not resolved at Level 1 and the grievant wishes to pursue the grievance, it may
be formalized by filing a complaint in writing on a Compliance Violation Form. This form may
be obtained from the Title IX Coordinator. The complaint shall state the nature of the grievance
and the remedy requested. The filing of the formal, written complaint at Level 2 must be within
fifteen (15) working days from the day of the event giving rise to the grievance or from the date
the grievant could reasonably become aware of such an occurrence. The grievant may request
that a meeting concerning the complaint be held with the Title IX Coordinator. A minor student
may be accompanied at that meeting by a parent or guardian. The Title IX Coordinator shall
investigate the complaint and attempt to solve it. A written report from the Coordinator to the
complainant regarding action taken will be sent within fifteen (15) working days after receipt of
the complaint.
Level 3:
Superintendent
If the complaint is not resolved at Level 2, the grievant may proceed to Level 3 by presenting a
written appeal to the Superintendent within ten (10) working days after the grievant receives the
report from the Title IX Coordinator. The grievant may request a meeting with the
Superintendent or his/her designee. The Superintendent or his/her designee has the option of
meeting with the grievant to discuss the appeal. A decision will be rendered by the
Superintendent or his/her designee within ten (10) working days after receiving the written
appeal.
Level 4:
Board of Education
If the complaint is not resolved at Level 3, the grievant may proceed to Level 4 by presenting a
written appeal to the President of the Board of Education within ten (10) working days after the
grievant receives the report from the Superintendent. The grievant may request a meeting with
the Board of Education. The Board of Education has the option of meeting with the grievant to
discuss the appeal. A decision will be rendered by the Board of Education at their next regularly
scheduled meeting. The grievant will be notified in writing of the decision within ten (10)
working days after the Board of Education action.
The procedure in no way denies the right of the grievant to file a formal complaint with the
Missouri Civil Rights Commission, the Office for Civil Rights, or other agencies available for
mediation or rectification of rights grievances, or to seek private counsel for complaints alleging
discrimination.
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SECTION 504 GRIEVANCE PROCEDURE
The procedures below must be utilized with regard to discrimination claims under Section 504.
Claims relating to identification, evaluation, or educational placement must be challenged using
the procedures outlined in Policy and Regulation 2110.
Level 1:
Building Administrator (Informal and Optional - may be bypassed by
Grievant)
Many problems can be solved by an informal meeting with the parties and the building
administrator. An individual with a complaint is encouraged to first discuss it with the teacher,
counselor or building administrator involved, with the purpose of resolving the matter promptly
and informally. Similarly, employees with a complaint are encouraged to first discuss the
complaint with the building principal or immediate supervisor.
Level 2:
Section 504 Coordinator
If the complaint or issue is not resolved at Level 1, the grievant may file a written grievance with
the Section 504 Coordinator. The written grievance must be filed with the Coordinator within
fifteen (15) days of the event or incident giving rise to the grievance, or within fifteen (15) days
of the date the grievant could reasonably have become aware of the event or incident.
Extensions of the fifteen- (15) day requirement will be granted if the grievant can establish good
cause for the delay and the interests of justice and fairness so require.
The written grievance should include the following information:
1.
The nature of the grievance - what is the event, incident or circumstance that is the reason
for the complaint.
2.
The remedy requested - what would the grievant like to see happen if the Coordinator
were to sustain the grievance.
3.
The grievant's signature and the date of the grievance.
The Coordinator shall have the authority to investigate all written grievances. The Coordinator
may request that an independent investigator, who is not an employee of the District, be assigned
by the District to conduct the investigation. When possible, the Coordinator shall work toward
resolution of the grievance. This resolution shall be reduced to writing and signed by all parties.
If the parties cannot agree on a resolution to the grievance, the Coordinator shall complete the
investigation and make a determination regarding the merits of the complaint. The Coordinator
shall notify the grievant and the Superintendent in writing of his/her determination within fifteen
(15) days after receipt of the written grievance. The fifteen (15) days may be extended (1) at the
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request of the grievant, (2) with consent of all parties, or (3) if the Coordinator is on vacation or
is otherwise unavailable during the fifteen- (15) day period due to an emergency or other
unforeseen circumstances.
If the Coordinator concludes that the allegations contained in the grievance have merit, the
Coordinator shall make a recommendation to the Superintendent as to the appropriate action to
be taken by the District. If the Superintendent agrees with the recommendation of the
Coordinator, the grievance will be sustained, and the recommended remedial action will be
implemented. The Superintendent may sustain the grievance, yet modify the recommended
remedial action. The Superintendent shall notify all parties of his/her decision in writing within
five (5) days of his/her receipt of the recommendation from the Coordinator. The five (5) days
may be extended (1) at the request of the grievant, (2) with the consent of all parties, or (3) if the
Superintendent is on vacation or is otherwise unavailable during the five- (5) day period due to
an emergency or other unforeseen circumstances.
If the Coordinator concludes that the allegations contained in the grievance are without merit, the
Coordinator shall make a recommendation to the Superintendent that the grievance be denied. If
the Superintendent agrees with the recommendation of the Coordinator, the grievance will
be denied. The Superintendent shall notify all parties of his/her decision in writing within five (5)
days of his/her receipt of the recommendation from the Coordinator. The five (5) days may be
extended (1) at the request of the grievant, (2) with the consent of all parties, or (3) if the
Superintendent is on vacation or is other unavailable during the five-(5) day period due to an
emergency or other unforeseen circumstances.
If the Superintendent disagrees with the recommendation of the Coordinator, whether sustaining
or denying the grievance, the Superintendent shall state his/her reasons for disagreeing with the
recommendation in writing, set out his/her conclusions and the reasons therefore, and notify all
parties of the decision in writing within five (5) days of his/her receipt of the recommendation
from the Coordinator. The five (5) days may be extended (1) at the request of the grievant, (2)
with the consent of all parties, or (3) if the Superintendent is on vacation or is other unavailable
during the five-(5) day period due to an emergency or other unforeseen circumstances. If the
Coordinator or Superintendent is alleged to have violated this Policy, the grievant may request to
bypass the respective individual.
Level 3:
Board of Education
Any party aggrieved by the decision of the Superintendent or in disagreement with the proposed
remedial action may make a written appeal to the Board of Education. Such written appeal shall
be filed in writing with either the Superintendent or the Secretary of the Board of Education.
Such written appeal must be filed within ten (10) days of receipt of the decision of the
Superintendent. Extensions of the ten- (10) day requirement will be granted if the grievant can
establish good cause for the delay and the interests of justice and fairness so require. Upon
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receipt of a written appeal, the District shall place the grievance on the agenda of the next
meeting of the Board of Education following the fifth day after the appeal is received, or at such
Board meeting thereafter as may be agreed upon by the parties.
At the hearing before the Board, the parties shall have the right to be represented by legal
counsel, to call and examine witnesses, cross-examine witnesses called by the opposing party,
and to submit evidence into the record.
The Board shall render its decision within thirty (30) days. The Board shall report its decision in
writing. All parties shall receive a copy of the decision.
The hearing before the Board of Education shall be considered a contested case for purposes of
Chapter 536, Revised Statutes of the State of Missouri.
Level 4:
Circuit Court
Any party aggrieved by the decision of the Board of Education may appeal the decision to the
Circuit Court of the County, in accordance with Chapter 536, Revised Statutes of the State of
Missouri, or to the applicable federal court.
Other Options
At any time during the grievance process, a grievant may file a complaint with the United States
Department of Education, Office for Civil Rights (Kansas City, Missouri) or the Missouri
Commission on Human Rights. Employee grievants may also file a complaint with the Equal
Employment Opportunity Commission.
March, 2010
Copyright © 2008 Missouri Consultants for Education