Rights of Appeal and Grievance Procedure - Title IX
Students, parents of elementary and secondary school students, employees, applicants for admission and employment, sources of referral of applicants for admission and employment with Osborn School District have the right to file a formal complaint alleging noncompliance with regulations outlined in Title IX of the Education Amendments of 1972.
Step 1: 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. Step 1 is informal and optional and may be bypassed by the grievant.
Step 2: If the grievance is not resolved at Step 1 and the grievant wishes to pursue the grievance, it may be formalized by filing a complaint in writing on a Compliance Violation Form, which may be obtained from the Title IX and Section 504 Coordinator, The complaint shall state the nature of the grievance and the remedy requested. The filing of the formal, written complaint at Step 2 must be within fifteen 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 and Section 504 Coordinator. A minor student may be accompanied at that meeting by a parent or guardian. The Title IX and Section 504 Coordinator shall investigate the complaint and attempt to solve it. A written report from the Compliance Officer regarding action taken will be sent within fifteen working days after receipt of the complaint.
Step 3: If the complaint is not resolved at Step 2, the grievant may proceed to Step 3 by presenting a written appeal to the Superintendent within ten working days after the grievant receives the report from the Title IX and Section 504 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. The Superintendent or his/her designee will render a decision within 10 working days after receiving the written appeal.
Step 4: If the complaint is not resolved at Step 3, the grievant may proceed to Step 4 by presenting a written appeal to the President of the Board of Education within 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 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.
In addition to maintaining policies prohibiting discrimination and harassment, the District has established procedures that specify how individuals may proceed with filing a complaint if they feel their rights have been violated. The District’s policies and procedures are available for review by students, staff, and general public in the office of the Superintendent of Schools.
Title I Grievance Procedure
Any parent, other individual, or organization alleging a violation of state or federal laws, rules, or regulations or an approved application by the District in the administration of Title I shall file with the Superintendent a written complaint containing the specific nature of the alleged violation, the time and place of the violation, and related details of the alleged violation. The Superintendent shall cause a review of the written complaint to be conducted and a written response mailed to the complainant within ten (10) working days after receipt of the written complaint. A copy of the written complaint and the Superintendent’s response shall be provided to each member of the Board of Education. If complainant is not satisfied with such response, he or she may submit a written appeal to the Board indicating with particularity the nature of disagreement with the response and his/her reasons underlying disagreement.
The Board shall consider the appeal at its regularly scheduled board meeting following receipt of the response. The Board shall permit the complainant to address the Board in public or closed session, as appropriate and lawful, concerning his/her complaint and shall provide the complainant with its written decision in the matter as expeditiously as possible following completion of the hearing.
If the complainant is dissatisfied with the action taken by the Board of Education, a written notice stating the reasons for dissatisfaction shall be filed within fifteen (15) working days following resolution of the complaint by the Board with the state director of Title I. The state director of Title I will initiate an investigation; determine the facts relating to the complaint and issue notice of his/her findings to the Board and the complainant. If the findings support the allegations of the complainant, the Board will be requested to take corrective action. If the findings support actions taken by the Board of Education, the Board’s action will stand.
Grievance Procedures, Concerns, Complaints, and Problem-Solving
Concerns and complaints about federal programs, administration, teaching, curriculum, building practices and policies, and any number of operational issues must be first addressed and discussed at the site level. In most cases, to take a concern beyond the site level, you will be asked to put your situation in writing. This helps clarify the situation and areas of concern. In turn, you may be invited to participate in a conference with all those involved.
Complaints on behalf of the students should be first addressed to the teacher. Unsettled matters should then be brought to the building principal\superintendent. If the matter cannot be settled by the superintendent\administrator, it should be brought before the Board of Education during a regularly scheduled meeting. The decision of the Board will be final except in the case of complaints concerning the administration of federal programs. In that case the complaint may go to the appropriate department of DESE and from there on to the United States Secretary of Education.
Click here to download.