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Policies » Section K: School/Community-Home Relations » KED: Nondiscrimination Policy/Grievance Procedure

Policy Date: 01/30/2020

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CSD File: KED
CANDIA SCHOOL DISTRICT
FACILITIES OR SERVICES – GRIEVANCE PROCEDURE (SECTION 504)

The Assistant Superintendent of Schools is designated as the Section 504, Americans with Disabilities Act, Title VI, and Title IX Coordinator. A complaint regarding a violation of law shall be subject to a grievance procedure that provides for the prompt and equitable resolution of disputes from all students, employees, and staff of the District.

Upon request, the building principal or his/her designee will provide a copy of the District’s grievance procedures. The person who believes he/she has a valid basis for a grievance shall discuss the grievance informally and on a verbal basis with the building administrator, who shall in turn investigate the complaint and respond to the complainant. If not satisfied with the response, the complainant may initiate formal procedures according to the following steps:

Step 1
A written statement of the grievance signed by the complainant shall be submitted to the building coordinator of the school in which the violation is alleged to have occurred within five (5) school days of receipt of answer to the informal complaint. The building coordinator shall communicate his/her decision to the aggrieved party in writing within five (5) days of receipt of the written grievance. If the building coordinator is the person charged with the violation, the grievant may submit the complaint to the Section 504 Coordinator for the Candia School District.

Step 2
The aggrieved party, no later than five (5) school days after receipt of the building coordinator’s decision, may appeal the building coordinator’s decision to the Candia School District’s Section 504 Coordinator. The appeal to the Candia School District’s Section 504 Coordinator must be made in writing reciting the matter submitted to the principal and the aggrieved party’s dissatisfaction with decisions previously rendered. The Candia School District’s Section 504 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 Assistant Superintendent of Schools shall communicate his/her decision in writing to the aggrieved party and the building coordinator no later than five (5) school days after the meeting.

Step 3
If the grievance is not resolved to the aggrieved party’s satisfaction, the aggrieved party, no later than five (5) school days after receipt of the Candia School District’s Section 504 Coordinator decision, may submit a written request for a hearing with the local School Board regarding the alleged discrimination through the Superintendent of Schools. The hearing will be held within thirty (30) calendar days of the written request. The School Board must provide the aggrieved party with a written decision on the appeal within ten (10) calendar days after the hearing.

Step 4
The decision of the School Board 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.
A copy of the regulations on which this notice is based may be found in the Section 504 Coordinator’s office. During all steps of this complaint process, the aggrieved party and the Candia School District may continue to negotiate a mutual solution to the alleged discrimination. Upon such a mediated agreement, the procedure would be terminated.

Legal Reference:  Section 504 of the Rehabilitation Act of 1973, 34 CFR § 104.7(b)

Adopted: September 12, 2002
Revised: August 2, 2007
Reviewed: January 30, 2020