Administrative Rules and Procedures to Implement Policy 504.01

STUDENT DISCRIMINATION GRIEVANCE PROCEDURE

The following procedures are established in order to assist in the fair resolution of student grievances. A grievance hereunder is a claim by a student that a violation of civil rights legislation has occurred (includes Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975).  It is the policy of the Elkhorn Public Schools that a student may not be discriminated against on the basis of sex, race, color, religion, veteran status, national or ethnic origin, marital status, age, disability, pregnancy, childbirth or related condition, or any other category protected by law; access to enrollment in courses; access to and use of school facilities; counseling and guidance materials, tests and practices; vocational education; physical education; competitive athletics; graduation requirements; treatment as a married and/or pregnant student; and student rules and regulations. Whenever a grievance occurs, the following procedure will be followed and every effort will be made to secure an appropriate resolution as early as possible.

Additional information concerning the Elkhorn Public Schools’ policy of nondiscrimination can be obtained from building principals or Bary Habrock, Assistant Superintendent, 20650 Glenn Street, Elkhorn, NE 68022, (402) 289-2579.

EXPLANATION

This grievance procedure is not intended to limit the option of the district and a grievant to resolve any grievance mutually and informally. Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and equitable opportunity for all persons involved.

The grievance procedure is not required if the grievant prefers other alternatives such as the Office of Civil Rights (OCR) or the courts). Due process shall exist throughout the procedure with the right to: 1) representation; 2) present witnesses and evidence; 3) confidentiality; 4) review relevant records; and 5) proceed without harassment and/or retaliation.

A grievance may be filed by an individual grievant, or by a parent on behalf of a student grievant, except that no grievance shall be recognized unless it is filed at the appropriate level within ten (10) days after the occurrence of the event that is the subject of the grievance.

Days in this procedure shall refer to days when school is in session. During summer vacation, days shall refer to Monday through Friday (excluding federal holidays).

The inclusion of time limits in this procedure is for the purpose of insuring prompt action. In circumstances where the grievant does not pursue the next step of the procedure within the time period specified, unless there is a mutually agreed extension of time, the grievance shall be deemed to have been settled and no further action shall be required. In the absence of a written reply to a grievance by the appropriate administrator within the required time period, the grievance shall be considered to have been denied and the grievant may submit the grievance in writing to the next level.

PROCEDURES

Level One

A grievant shall, within ten (10) days after the occurrence of the event which is the subject of the grievance, make an appointment with and discuss the matter with his or her principal or immediate supervisor. Every effort will be made to resolve the grievance informally at this level. The principal or immediate supervisor shall give an oral response to the grievant within five (5) days after the initial discussion.

Level Two

In the event the grievant is not satisfied with the disposition of the grievance at Level One, the grievant shall reduce the grievance to writing, sign it and submit it to the principal or immediate supervisor within five (5) days of the oral response at Level One. A written grievance shall contain a detailed description of the factual circumstances upon which the grievance is based and an explanation of how such facts result in civil rights discrimination.

The principal or immediate supervisor must submit a written answer within five (5) days after receipt of the written grievance.

Level Three

In the event the grievant is not satisfied with the disposition of the grievance at Level One, the grievant may submit the written grievance within five (5) days thereafter to the superintendent. The superintendent will meet with the parties involved. A complete record of this meeting shall be kept and signed by both parties for possible future reference. The superintendent will respond to the written grievance within five (5) days of the receipt of the written grievance.

Level Four

In the event the grievant is not satisfied with the disposition of the grievance at Level Three, the grievant may submit the written grievance to the School Board within five (5) days of the receipt of the written response from the superintendent. The School Board shall consider the grievance at the next regular meeting and issue a written response within five (5) days of the meeting.

Approved: September 14, 1992

Revised: September 12, 1996

Revised: April 10, 2006

Revised: September 14, 2015