Special Information

Uniform Grievance Procedure

Students, parents, guardians, employees, or community members should notify any District Complaint Manager if they believe that the Board of Education, its employees, or agents have violated their rights guaranteed by the State or federal Constitution, State or federal statute, or Board policy, or have a complaint regarding:

1. Title II of the Americans with Disabilities Act;
2. Title IX of the Education Amendments of 1972;
3. Section 504 of the Rehabilitation Act of 1973;
4. sexual harassment (Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972);
5. the misuse of funds received for services to improve educational opportunities for educationally disadvantaged or deprived children; or
6. curriculum, instructional materials, programs.

The Complaint Manager will attempt to resolve complaints without resorting to this grievance procedure and, if a complaint is filed, to address the complaint promptly and equitably. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies.

1. Filing a Complaint

A person (hereinafter Complainant) who wishes to avail himself or herself of this grievance procedure may do so by filing a complaint with any District Complaint Manager. The Complainant shall not be required to file a complaint with a particular Complaint Manager and may request a Complaint Manager of the same sex. The Complaint Manager may request the Complainant to provide a written statement regarding the nature of the complaint or require a meeting with the parent(s)/guardian(s) of a student. The Complaint Manager shall assist the Complainant as needed.

2. Investigation

The Complaint Manager will investigate the complaint or appoint a qualified person to undertake the investigation on his or her behalf. If the complainant is a student, the Complaint Manager will notify his or her parent(s)/guardian(s) that they may attend any investigatory meetings in which their child is involved. The complaint and identity of the Complainant will not be disclosed except (1) as required by law or this policy, or (2) as necessary to fully investigate the complaint, or (3) as authorized by the Complainant. The Complaint Manager shall file a written report of his or her findings with the Superintendent. If a complaint of sexual harassment contains allegations involving the Superintendent, the written report shall be filed with the Board of Education, which shall render a decision in accordance with Section 3 of this policy. The Superintendent will keep the Board informed of all complaints.

3. Decision and Appeal

After receipt of the Complaint Manager's report, the Superintendent shall render a written decision which shall be provided to the Complainant. If the Complainant is not satisfied with the decision, the Complainant may appeal it to the Board of Education by making a written request to the Complaint Manager. The Complaint Manager shall be responsible for promptly forwarding all materials relative to the complaint and appeal to the Board of Education. Thereafter, the Board of Education shall render a written decision which shall be provided to the Complainant. This grievance procedure shall not be construed to create an independent right to a Board of Education hearing.

District 40 Complaint Managers