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FGE

Student Rights and Responsibilities

Student Complaints

Purpose—

The purpose of this policy is to secure at the first possible level prompt and equitable resolution of student complaints, including those alleging discrimination on the basis of race, religion, color, sex, national origin, disability, sexual orientation, or gender identity.

Exclusions—

Student complaints regarding instructional materials, removal to alternative education programs, expulsion, prior review of non-school materials intended for distribution to students, or special education appeals are covered by separate procedures.

Aggrieved Students—

A student aggrieved by a violation of a constitutional, statutory, or common law right, or a violation of a rule adopted by the State Board of Education or a policy adopted by the Board shall be afforded a hearing in accordance with applicable law and as provided in this policy. However, this provision shall not be construed to create an independent right to a hearing before the Board in addition to hearings required by law.

Presentations and Hearings—

In most circumstances, students shall be entitled to administrative conferences and informal presentations of the complaint as outlined in this policy.

Representation—

The student may be represented by an adult at any level of the complaint.

If the complaint involves a problem with a teacher, the student shall in most circumstances be expected to discuss the matter with the teacher before requesting a conference with the Principal at Level One.

Level One—

A student who has a complaint shall request a conference with the Principal within ten calendar days of the time the student knew, or should have known, of the event or series of events causing the complaint. The Principal shall schedule and hold a conference with the student within five days.

Level Two—

If the outcome of the conference with the Principal is not to the student's satisfaction, the student has ten calendar days to request a conference with the Superintendent or designee who shall schedule and hold a conference. Prior to or at the conference, the student shall submit a written complaint that includes a statement of the complaint and any evidence in its support, the solution sought, the student's signature, and the date of the conference with the Principal.

Level Three—

If the outcome of the conference with the Superintendent or designee is not to the student's satisfaction, the student may present the complaint to the Board at the next regular meeting.  The student shall, at least 5 days before the meeting, provide a written statement identifying specifically the claimed violation and the relief requested.

The Board shall designate a portion of its regular monthly meeting to hear student complaints. The Board President may set reasonable time limits on complaint presentation. The Board shall listen to the complaint, but is not required to respond or take action on the matter unless it determines that is appropriate.  

Short Timeline—

When a complaint arises that requires resolution of the complaint in a shorter timeline than set forth by this policy; all administrative parties will work to ensure a prompt and equitable resolution.  The requirement to submit the complaint in writing does not change.  If required, the Board President will determine when and how the Board will hear the student complaint.

Closed Hearing—

If the complaint involves complaints or charges about another person, the complaint shall be heard by the Board in a closed meeting unless the other person complained about requests the meeting to be public.

Child Nutrition Discrimination Complaint—

For the National School Lunch Program/School Breakfast Program, all discrimination complaints will be reported to the Child Nutrition Department at the Utah State Board of Education first and then Wayne School District will work with the CNP department to resolve the complaint. 

Wayne School District shall accept all complaints of discrimination, whether written or verbal, relating to the Child Nutrition Programs (CNP). Discrimination is defined as different treatment which makes a distinction of one person or a group of persons from others; intentionally, by neglect, or by the actions or lack of actions based on the six protected classes in the Child Nutrition Programs: race, color, national origin, sex, age, or disability.

Wayne School District will keep a log of all discrimination complaints, with the same information as that forwarded to the USBE Child Nutrition Programs or USDA.

1. Discrimination complaints from individuals will be handled by the         Superintendent 

2. Complaints of discrimination will contain the following information:

  •       Name, address, telephone number and any other means to contact the complainant (person issuing the complaint).
  •       Specific name, location, and telephone number of the location where the alleged discrimination took place that caused the discrimination complaint.
  •       Nature of the incident or action that led the complainant to feel discriminated against.
  •       A list of which of the six listed protected classes were discriminated against with a description of the complaint.   The six protected classes are: race, color, national origin, sex, age or disability.
  •       Name(s), title(s), and addresses of people who may know of the alleged discrimination or action that caused the complaint (for example: teacher, cook or director).
  •       The date(s) the action(s) causing the discrimination complaint occurred and how long or how often it occurred.

NOTE: While an effort should be made to obtain this information to ensure the complaint is well recorded, missing information must not keep an institution from receiving and/or reporting complaints.

3.   The person filing the complaint must do so within 180 days of the alleged discrimination.   If submitted to the institution, it will be immediately forwarded to USBE Child Nutrition Programs or USDA Office of the Assistant Secretary for Civil Rights. The sponsor or institution will handle anonymous complaints in the same manner as other non-anonymous complaints.

 

Utah State Board of Education, Director of Child Nutrition Programs

250 East 500 South

PO Box 144200

Salt Lake City, Utah 84114-4200

OR

USDA

Office of the Assistant Secretary for Civil Rights

1400 Independence Ave, SW, Stop 9410

Washington, D.C. 20250-9410

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