2006 - Complaint Procedure

Good communication helps to resolve many misunderstandings and disagreements. This complaint procedure applies to complaints unless complaint is subject to a different procedure required by law, policy or contract. Individuals who have a complaint should discuss their concerns with appropriate ESU personnel in an effort to resolve problems at the lowest level of the change of command. When those efforts do not resolve matters satisfactorily, including matters involving discrimination or harassment on the basis of race, color, national origin, sex, marital status, disability, or age, a complainant should follow the procedures set forth in any specific policy addressing those areas or the procedures set forth below. Allegations of sex discrimination covered by Title IX will be addressed through the board’s Title IX policy.

References to “coordinator” in this policy refer to the board-designated coordinator for the applicable area, such as the Section 504 Coordinator for allegations of disability-based discrimination.

A preponderance of the evidence will be required to discipline a party of accused of misconduct. This means the investigator must conclude that it is more likely than not that misconduct occurred.

Complaint and Appeal Process

The first step is for the complainant to speak directly to the person(s) with whom the complainant has a concern. For example, a parent who is unhappy with a program teacher should initially discuss the matter with the teacher. However, the complainant should skip the first step if complainant reasonably believes speaking directly to the person would subject complainant or complainant’s student to discrimination or harassment.
The second step is for the complainant to speak to the program administrator, coordinator, ESU administrator, or president of the board, as set forth below. Anyone with questions about the appropriate person to speak with may request clarification from the administrator.
1. Complaints about the operation, decisions, or personnel within a program should be submitted to the program administrator.
2. Complaints about the operations of the program or a program administrator should be submitted in writing to the ESU administrator.
3. Complaints about the ESU administrator should be submitted in writing to the president of the board.
4. Complaints involving discrimination or harassment on the basis of race, color, national origin, sex, marital status, disability, or age may also be submitted, at any time during the complaint procedure to the applicable coordinator. Complaints involving discrimination or harassment may also be submitted at any time to the Office of Civil Rights, U.S. Department of Education; by email at OCR.KansasCity@ed.gov; by telephone at (816) 268-0550; or by fax at (816) 268-0599.
When a complainant submits a complaint to a program administrator or coordinator, the program administrator or coordinator shall first determine whether another applicable procedure is required by policy or law and if so, direct the complaint to the appropriate person to follow that procedure. If not, the administrator or coordinator will promptly and thoroughly investigate the complaint, and shall:
1. Determine whether the complainant has discussed the matter with the respondent involved.
  1. If the complainant has not, the program administrator or coordinator will urge the complainant to discuss the matter directly with the respondent, if appropriate.
  2. If the complainant refuses to discuss the matter with the respondent, the program administrator or coordinator shall, in his or her sole discretion, determine whether the complainant should or must be pursued further.
2. Strongly encourage the complainant to reduce his or her concerns to writing.
3. Interview the complainant and, if necessary, the respondent against whom the complaint is filed, to determine:
  1. All relevant details of the complaint;
  2. All witnesses and documents which the complainant believes support the complaint;
  3. The action or solution which the complainant seeks.
4. Respond to the complainant. If the complainant involves discrimination or harassment, the response shall be in writing and shall be submitted within 180 calendar days after the program administrator or coordinator receives the complaint.
If either the complainant or the respondent is not satisfied with the decision he or she may appeal the decision to the ESU administrator. The administrator may assign a qualified designee to hear any appeal. This provision applies to appeals under the board’s policies governing complaints of discrimination or harassment, including Title IX and any other policy with a separate grievance or complaint procedure, unless that other procedure includes its own appeal process. All requirements for appeals within any other policy apply, and in addition to those requirements, the following also apply.
1. The appeal must be in writing.
2. This appeal must be received by the ESU administrator no later than three (3) calendar days from the date of the decision.
3. For complaints addressed through other applicable procedures that do not include a separate investigatory process, the ESU administrator will investigate as he or she deems appropriate.
4. The ESU administrator will prepare a written decision and provide it to the complainant and any other person entitled by law to receive the appeal decision. For complaints involving discrimination or harassment the ESU administrator shall submit the decision within 180 calendar days after the ESU administrator received complainant’s written appeal. Appeals to the ESU administrator from complaints involving discrimination or harassment are final once the ESU administrator delivers the written decision, as are all other appeals/complaints to the ESU administrator unless the complaint can be appealed on the limited grounds to appeal to the board below.
The board’s role is to set policy, establish and implement a budget, and evaluate the administrator. The board does not manage the daily operations of the ESU entrusted to its administration unless required by law or policy. Because of the board’s statutory roles, it does not hear complaints or appeals that may involve oversight or discipline of students, staff, or others, unless those involve the administrator as discussed below. The board does not hear complaints or appeals based on allegations of discrimination or harassment unless otherwise required by law. The board will hear appeals only in the following circumstances:
1. When the complaint is about a board policy, not implementation of the policy;
2. When the complaint involves the budget or ESU expenditures that have been or must be approved by the board, or
3. When the board is required by law, policy, or contract to hear a complaint or appeal.
  
  If a complaint involves those limited ground and a party is not satisfied with the ESU administrator's decision regarding the complaint or appeal, he or she may appeal the decision to the board.
4. This appeal must be in writing.
5. The appeal must be received by the board president no later than ten (10) calendar days from the date the ESU administrator communicated his/her decision to the complainant.
6. This policy allows, but does not require the board to receive statements from interested parties and witnesses relevant to the complaint appeal. However, all matters involving discrimination or harassment allegations against the ESU administrator shall be promptly and thoroughly investigated by the board president or a designee.
7. The board president will notify the complainant and any other person legally required to receive the decision in writing of its decision. If the complaint involves discrimination or harassment allegations against the ESU administrator, the board president shall submit the decision within 180 calendar days after receiving the complainant’s written appeal.
8. There is no appeal from any decision of the board or board president unless authorized by law.
Formal complaints about the ESU administrator shall be filed with the president of the board. However, complaints about the ESU administrator do not include disagreement with the ESU administrator’s decision on appeal based on a complaint of discrimination, harassment, or action of any other employee who is not the administrator. Upon receipt of the complaint, the board president or his or her designee shall promptly and thoroughly investigate the complaint, and shall:
1. Coordinate with ESU staff, other than the ESU administrator, to determine if another procedure in policy or law requires the complaint against the ESU administrator to follow another procedure. If so, the board president will coordinate handling the complaint through that procedure. If another procedure applies, such as in the case of allegations of sex discrimination against the ESU administrator, the board president or, at his or her discretion, the full board will serve only to hear any appeal by a party to the complaint.
2. Determine whether the complainant has discussed the matter with the ESU administrator.
  1. If the complainant has not, the board president or designee will urge or require the complainant to discuss the matter directly with the ESU administrator, if appropriate or required.
  2. If the complainant refuses to discuss the matter with the ESU administrator, the board president shall, in his or her sole discretion, determine whether the complaint should or must be pursued further.
3. Determine, in his or her sole discretion, whether to place the matter on the board agenda for consideration at a regular or special meeting by the full board.
4. Respond to the complainant or appeal. If the complaint or appeal involves discrimination or harassment, the response shall be in writing and shall be submitted within 180 calendar days after the president received the complaint.
5. Appoint or contract with other individuals qualified to assist the board through this process or any other applicable procedure used to address allegations against the ESU administrator.

No Retaliation. The ESU prohibits retaliation against any person for filing a complaint or for participating in the complaint procedure in good faith.

Special Rules Regarding Educational Services and Related Services to Students with Disabilities. Students with disabilities and their families have specific rights outlined in state and federal law, including administrative processes by which they may challenge the educational services being provided by the ESU. Therefore, the appeal process contained in this policy may not be used to challenge decisions made by a student’s individualized education plan (IEP) team or 504 team.

Complaints about the educational services provided a student with a disability, including but not limited to services provided to a student with an IEP, access to curricular and extracurricular activities, and educational placement must be submitted to the ESU’s Director of Special Education. The Director of Special Education will address the complaint in a manner that he/she deems appropriate and will provide the complainant with a copy of the Notice of IDEA Parental Rights promulgated by the Nebraska Department of Education.

Complaints about the educational services provided a student with a disability pursuant to a Section 504 plan must be submitted to the ESU’s 504 Coordinator. The 504 Coordinator will address the complaint in a manner that he/she deems appropriate and will provide the complainant with a copy of the Notice of Section 504 Parental Rights adopted by the board of education.

Complaints about the educational services provided to a student who is suspected of having a disability must be submitted in writing to the ESU’s Director of Special Education or to the ESU’s 504 Coordinator. The Director of Special Education or 504 Coordinator will either refer the student for possible verification as a student with a disability or will provide prior written notice of the ESU’s refusal to do so.

Bad Faith or Serial Findings. The purpose of the complaint procedure is to resolve complaints at the lowest level possible within the chain of command. Individuals who file complaints (a) without a good faith intention to attempt to resolve the issues raised; (b) for the purpose of adding administrative burden; (c) at a volume unreasonable to expect satisfactory resolution; or (d) for purposes inconsistent with the efficient operations of the ESU may be dismissed by the ESU administrator without providing final resolution other than noting the dismissal. There is no appeal from dismissals made pursuant to this section.

Adopted on: January 8, 2017
Revised on: Aug. 12, 2019
Revised on: Oct. 14, 2019
Revised on: Aug. 10, 2020
Reviewed on: Sept. 18, 2019
Reviewed on: March 8, 2021
Revised on: August 12, 2024

2006: Complaint Procedure