4800 -STUDENT OR PARENT/GUARDIAN GRIEVANCES
Care must be taken at all times to ensure that students are treated fairly and that adequate provision is made for responding to grievances.
A grievance is defined as the formal written claim by a Durham Public Schools student or parent/guardian that there has been a violation, misinterpretation, or misapplication of federal or state law or regulation, or Durham Public Schools policies. A grievance also includes any matter subject to appeal under Legal Reference: G.S.115C-45(c) or Legal Reference: G.S.115C-305. A grievance does not include an appeal from a recommendation for a student's long-term suspension, expulsion, 365-day suspension, or other decisions of school employees for which other avenues of appeal to the Board exist.
The intent of this policy is to secure, at the lowest possible level, equitable solutions to problems periodically affecting students and employees. These grievance proceedings shall be kept as informal and confidential as possible at all levels of the procedure.
It is desirable for grievances to be resolved through free and informal communications. A student or parent/guardian should first attempt to resolve any grievance through discussion with the principal or teacher. If a grievance cannot be resolved at this level, the aggrieved student may request a grievance conference with the principal.
Failure of a student to comply with timelines listed below will result in denial of the grievance or appeal.
Failure of the school administration to comply with these timelines will result in automatic right of appeal to the next level.
4800.1 Step I -- Principal Conference A student or parent/guardian wishing to invoke the grievance procedure shall make a written request for a conference with the principal to discuss the grievance and seek resolution. The request shall describe the grievance and name the specific policy, rule or law believed to have been violated. The following additional guidelines shall be observed in Step I:
A. A grievance shall be filed as soon as possible but not longer than thirty (30) days after disclosure of the facts giving rise to the grievance.
B. The principal shall grant the conference within five (5) school days following receipt of the request. The principal will state in writing his/her position on the question to the student or parent/guardian within five (5) school days following the conference.
C. Only the parent/guardian or someone acting in loco parentis shall be permitted to join or represent the student in the conference with the principal.
4800.2 Step II -- Appeal to the Superintendent If the grievance is not resolved at Step I, the student or parent/guardian may appeal the principal's decision in writing to the Superintendent. The appeal must be made within five (5) school days following receipt of the principal's written response (see guideline 2 of Step I above). The Superintendent or designee shall review the grievance and conduct any necessary hearing within fifteen (15) school days following receipt of the appeal.
Either party is permitted to present appropriate witnesses who can provide relevant information for consideration and to be represented by counsel. The Superintendent will notify the aggrieved party in writing of the decision within five (5) working days of the hearing. The aggrieved party may appeal the Superintendent's decision to the Board of Education as provided by Legal Reference: G.S.115C-45.
4800.3 Step III -- Appeal to the Board of Education A panel of the Board consisting of three (3) members, designated by the chairperson on a rotating basis, shall hear the grievance. Any appeal to the Board panel shall be on the record unless the panel determines that additional information may be presented. No new evidence, written or verbal, may be presented without the prior knowledge and consent of both parties or upon a majority vote of the hearing panel. The aggrieved party will be informed in writing of the panel's decision within five (5) working days. The Board panel may affirm, disaffirm, or modify the decision of the Superintendent. The Superintendent will develop a grievance form to assist in recording each step of the grievance process. If the Board panel fails to reach a unanimous decision on the grievance, the matter will be reviewed by the full Board for a final decision.
Legal Reference: G.S.115C-45; Title IX of the Education Amendments of 1972 Cross Reference: Policy 5000 - Equal Employment Opportunities; Policy 1230 - Board Committees
Adopted Effective: July 1, 1999
