PUBLIC COMPLAINTS | Policy Manual

9130 - PUBLIC COMPLAINTS

Any person or group, having a legitimate interest in the operations of this ESC shall have the right to present a request, suggestion, or complaint concerning ESC personnel, the program, or the operations of the ESC. At the same time, the Governing Board has a duty to protect its staff from unnecessary harassment. It is the intent of this policy to provide the means for judging each public complaint in a fair and impartial manner and to seek a remedy where appropriate.

It is the desire of the Governing Board to rectify any misunderstandings between the public and the ESC by direct discussions of an informal type among the interested parties. It is only when such informal meetings fail to resolve the differences, shall more formal procedures be employed.

Any requests, suggestions, or complaints reaching the Governing Board, Governing Board members, and the administration shall be referred to the Superintendent for consideration according to the following procedure.

Matters Regarding a Professional Staff Member

First Level

If it is a matter specifically directed toward a professional staff member, the matter shall be addressed, initially, to the concerned staff member who shall discuss it promptly with the complainant and make every effort to provide a reasoned explanation or take appropriate action within his/her authority.

This level does not apply if the matter involves suspected child abuse, substance abuse, or any other serious allegation which may require investigation or inquiry by school officials prior to approaching the professional staff member.

As appropriate, the staff member shall report the matter and whatever action may have been taken to the Superintendent.
Second Level

If the matter cannot be satisfactorily resolved at the First Level, it shall be discussed by the complainant with the staff member’s supervisor.
Third Level

If a satisfactory solution is not achieved by discussion with the staff member’s supervisor, a written request for a conference shall be submitted to the Superintendent. This request should include:
1. the specific nature of the complaint and a brief statement of the facts giving rise to it;
2. the respect in which it is alleged that the complainant (or child of the complainant) has been affected adversely;
3. the action which the complainant wishes taken and the reasons why it is felt that such action be taken.

Should the matter be resolved in conference with the Superintendent, the Governing Board shall be advised of the resolution.

Matters Regarding an Administrative Staff Member

Since administrators are considered members of the ESC’s professional staff, the general procedure specified in “Matters Regarding a Professional Staff Member” shall be followed.

Matters Regarding the Superintendent or Treasurer/CFO

Should the matter be a concern regarding the Superintendent or Treasurer/CFO which cannot be resolved through discussion with the Superintendent or Treasurer/CFO, the complainant may submit a written request to the Governing Board President for a conference with the Governing Board. This request shall include:

the specific nature of the complaint and a brief statement of the facts giving rise to it;
the respect in which it is alleged that the complainant (or child of the complainant) has been affected adversely;
the reason that the matter was not able to be resolved with the Superintendent or Treasurer/CFO;
the action which the complainant wishes taken and the reasons why it is felt that such action should be taken.

The Governing Board, after reviewing the request, may grant a meeting before the Governing Board, or a committee of the Governing Board, or refer the matter, if permitted by applicable laws and regulations, to an executive session.

The complainant shall be advised, in writing, of the Governing Board’s decision.

Matters Regarding a Classified Staff Member

In the case of a classified staff member, the same procedure is to be followed as for “Matters Regarding a Professional Staff Member.”

Matters Regarding ESC Services or Operations

If the request, suggestion, or complaint relates to a matter of ESC procedure or operation, it should be addressed, initially, to the person in charge and then brought, in turn, to higher levels of authority in the manner prescribed in “Matters Regarding a Professional Staff Member.”

Matters Regarding the Educational Program

If the request, suggestion, or complaint relates to a matter of ESC program, it should be addressed, initially, to the Superintendent and then brought, in turn, to higher levels of authority in the manner prescribed in “Matters Regarding a Professional Staff Member.”

Matters Regarding Instructional Materials

The Superintendent shall provide notice addressing students’ and parents’ rights to be adequately informed each year regarding their ability to inspect instructional materials and the procedure for completing such an inspection.

If the request, suggestion, or complaint relates to instructional materials such as textbooks, library books, reference works, and other instructional aids used in the ESC, the following procedure shall be followed:

The criticism is to be addressed to the program manager, in writing, and shall include:
1. author;
2. title;
3. publisher;
4. the complainant’s familiarity with the material objected to;
5. sections objected to, by page and item;
6. reasons for objection.
Upon receipt of the information, the program manager shall, after advising the Superintendent of the complaint, and upon the Superintendent’s approval, the Superintendent may appoint a review committee which may consist of one (1) or more professional staff members and one (1) or more lay persons knowledgeable in the area.
The committee, in evaluating the questioned material, shall be guided by the following criteria:
1. the appropriateness of the material for the age and maturity level of the students with whom it is being used;
2. the accuracy of the material;
3. the objectivity of the material; and
4. the use being made of the material.
The material in question may be withdrawn from use pending the committee’s recommendation to the Superintendent.
The committee’s recommendation shall be reported to the Superintendent in writing within thirty (30) calendar days following the formation of the committee. The Superintendent shall advise the complainant, in writing, of the committee’s recommendation and advise the Governing Board of the action taken or recommended.
The complainant may appeal this decision, within thirty (30) calendar days, to the Governing Board through a written request to the Superintendent, who shall forward the request and all written material relating to the matter to the Governing Board.
The Governing Board shall review the case and advise the complainant, in writing, of its decision within thirty (30) calendar days.