| Swartz Creek Community Schools |
| Bylaws & Policies |
9130 - PUBLIC COMPLAINTS
Any person or group, having a legitimate interest in the operations of this District shall have the right to present a request, suggestion, or complaint concerning District personnel, the program, or the operations of the District. At the same time, the Board of Education 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 Board to rectify any misunderstandings between the public and the District 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 Board, Board members, and the administration shall be referred to the Superintendent for consideration according to the following procedure.
Matters Regarding a Certified Staff Member
| A. | First Level | |
| If it is a matter specifically directed toward a certified staff member, the matter must 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 and District administrative guidelines. | ||
| 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 certified staff member. |
As appropriate, the staff member shall report the matter and whatever action may have been taken to their building administrator.
| B. | 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 and in compliance with provisions of a collective bargaining agreement, if applicable. | ||
| C. | Third Level | |
| If a satisfactory solution is not achieved by discussion with the principal, a request for a conference shall be made 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. |
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Should the matter be resolved in conference with the Superintendent, the Board may be advised of the resolution. |
| D. | Fourth Level | |
| Should the matter still not be resolved, or if it is one beyond the Superintendent's authority and requires a Board decision or action, the complainant shall request, in writing, a hearing by the Board. | ||
| The Board, after reviewing all material relating to the case, may grant a hearing, before the Board, only for these responses: |
| 1. | a violation of Board policy or due process | ||
| 2. | remedy beyond the Superintendent’s authority |
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The complainant shall be advised, in writing, of the Board's decision no more than thirty (30) business days following the next regular meeting. The Board/s decision will be final on the matter, and it will not provide a meeting to other complainants on the same issue. |
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If the complainant contacts an individual Board member to discuss the matter, the Board member shall inform the complainant that s/he has no authority to act in his/her individual capacity and that the complainant must follow the procedure described in this policy. |
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Matters Regarding an Administrative Staff Member
Since administrators are considered members of the District's certified staff, the general procedure specified in "Matters Regarding a Certified Staff Member" shall be followed.
Matters Regarding a Non-Certified Staff Member
In the case of a non-certified staff member, the same procedure is to be followed as for "Matters Regarding a Certified Staff Member."
Matters Regarding District Services or Operations
If the request, suggestion, complaint, or grievance relates to a matter of District procedure or operation, it should be addressed, initially, to the appropriate supervisor and then brought, in turn, to higher levels of authority in the manner prescribed in "Matters Regarding a Certified Staff Member."
Matters Regarding the Educational Program
If the request, suggestion, complaint, or grievance relates to a matter of District program, it should be addressed, initially, to the principal and then brought, in turn, to higher levels of authority in the manner prescribed in "Matters Regarding a Certified Staff Member."
Matters Regarding Instructional Materials
If the request, suggestion, complaint, or grievance relates to instructional materials such as textbooks, library books, reference works, and other instructional aids used in the District, the following procedure shall be followed:
| A. | The criticism is to be addressed to the Superintendent, 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. |
| B. | Upon receipt of the information, the Superintendent may appoint a review committee which shall consist of: |
| 1. | a media specialist; | ||
| 2. | a classroom teacher; | ||
| 3. | the building principal; | ||
| 4. | a parent of a child in the school of the complainant; | ||
| 5. | the Assistant Superintendent for Curriculum & Instruction; |
| C. | 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 | ||
| 4. | the use being made of the material |
| D. | The material in question may be withdrawn from use pending the committee's recommendation to the Superintendent. | |
| E. | The committee's recommendation shall be reported to the Superintendent in writing within five (5) business days following the final meeting of the committee. The Superintendent will advise the complainant, in writing, of the committee's recommendation and advise the Board of the action taken or recommended. | |
| F. | The complainant may appeal this decision, within ten (10) business days, to the Board through a written request to the Superintendent, who shall forward the request and all written material relating to the matter to the Board. | |
| G. | The Board shall review the case and advise the complainant, in writing. |
No challenged material may be removed from the curriculum or from a collection of resource materials except by action of the Board, and no challenged material may be removed solely because it presents ideas that may be unpopular or offensive to some. Any Board action to remove material will be accompanied by the Board's statement of its reasons for the removal.
20 U.S.C. 1232h