KLD - Parent / Patron Dispute Resolution

1. PURPOSE AND PHILOSOPHY

The purpose of this policy is to provide a means for parents and patrons to be heard, at the lowest appropriate level, on various disagreements or significant concerns in an effort to seek equitable solutions. This policy establishes procedures wherein such disagreements or concerns are heard at the appropriate administrative levels in order to facilitate resolution. 

To the extent that grievances, complaints, or other issues are specifically governed by hearing, due process, appeal, or dispute resolution procedures set forth by: (a) federal or state laws, regulations, or rules; or (b) other district policies, procedures, or agreements, those applicable procedures shall be followed. The dispute resolution procedures set forth in this policy only apply in the absence of such other specific hearing, due process, appeal, or dispute resolution procedures.

2. DEFINITIONS

“Dispute Resolution” means a process designed to allow a parent/patron to be heard, at the lowest appropriate level, on disagreements or significant concerns regarding a student, employee, school, or the district in an effort to seek equitable solutions, such as when it is perceived there has been a violation or a misinterpretation of a policy, or when the parent/patron desires a review of a school level decision.

“Parent” means either: (a) the natural or adoptive father and/or mother who has legal custody rights over a minor student enrolled in Nebo School District; or (b) a person who has been appointed by the court and vested with legal custody rights and responsibilities to manage the affairs of a minor student enrolled in Nebo School District.

“Patron” means an individual who resides within the geographical boundaries of Nebo School District.

A “protected liberty or property right” of an individual within the school environment may include, but is not limited to, the following:

Freedom of Speech/Expression -- May involve situations with school clubs, school newspapers, Internet, student speech, dress codes, school uniforms, etc.

Freedom of Religion – May involve situations with school prayer, teaching religion in school, religious clothing and accessories, holiday celebrations, etc.

Equal Protection – May involve situations of discrimination, harassment, sexual harassment, students with disabilities, etc.

Student Privacy – May involve situations with searches and seizures, police officers, drug testing, etc.

Student Records – May involve situations with academic grades, graduation credits, etc.

Student Discipline – May involve situations with long-term suspensions, expulsions, etc.

In cases that involve a protected liberty or property right of an individual in the school environment, there will most likely be a specific district policy or applicable federal or state laws which would govern the specific hearing, due process, appeal, or dispute resolution procedures. It will only be in rare occasions that the dispute resolution procedures of this policy would be used in cases involving the protected liberty or property rights of individuals.

3. PARENT/PATRON DISPUTE RESOLUTION GUIDELINES

The following dispute resolution procedures only apply in the absence of other specific hearing, due process, appeal, or dispute resolutions procedures governed by: (a) federal or state laws, regulations, or rules; or (b) other district policies, procedures, or agreements. The dispute resolution procedures are set forth as follows:

The parent/patron should first visit with the appropriate school educator or employee to discuss the perceived problem or concern in an effort to seek a satisfactory resolution.

If a satisfactory resolution cannot be reached, or if, for significant reasons, the parent/patron feels they cannot meet with the appropriate school educator or employee, the parent/patron can seek resolution through the school administrator or department supervisor.

If the dispute or concern cannot be resolved satisfactorily at the school administrator or department supervisor level, the parent/patron may appeal to the applicable coordinator or director who has supervision responsibility over the school or department.

The decision of the coordinator or director regarding the dispute or concern is final, provided that the dispute or concern does not involve matters related to an individual’s protected liberty or property rights.

In the event the dispute or concern involves an individual’s protected liberty or property rights and has not been resolved at the coordinator or director level, the coordinator or director will inform the parent/patron of their right to appeal to the superintendent.

In such cases, the parent/patron may then schedule a time to meet with the superintendent, or his/her designee, in an effort to resolve the matter. The superintendent, or his/her designee, shall issue a written decision. The written decision shall also include a statement of the parent’s/patron’s right to request in writing an appeal before the Board of Education within ten (10) calendar days from the date of the written decision.

If no request for an appeal is received within the ten (10) calendar days, the superintendent’s decision is final. If a request for an appeal is received within the time period, the Board of Education shall schedule and conduct a hearing with the parent/patron. Following which, the Board of Education shall issue a written decision to the parent/patron concerning the matter. The Board of Education’s decision is the final decision of the district.

Employees should not meet with large groups of parents or patrons to resolve disputes. Unless exceptional circumstances warrant otherwise, an employee shall meet only with the parents of one student or family at a time when following the dispute resolution procedures outlined in this policy. 

4. PUBLIC EDUCATION HOTLINE COMPLAINTS

The Utah State Board of Education (“USBE”) Public Education Hotline (“Hotline”) process allows parents, students, employees, and members of the public to report concerns or alleged violations of law, rule, or board policy. When USBE receives a Hotline complaint, the complaint may be referred back to the district for resolution. If the complaint is referred back to the district, the district will take the following steps to respond to the complaint.

When the district receives a referral from the Hotline, the district shall:

Assign the appropriate district employee to review and respond to the referral.

Ensure the review and response process is documented and compliant with Utah Admin. Code R277-123.

If contact information for the complainant/reporter is available, the assigned district employee will contact the complainant promptly and document:

the name of the district personnel who contacted the complainant;

the type of contact made, such as phone or email;

the date of the contact; and

the resolution of the concern or action steps to be taken.

The district must make at least two good-faith attempts to contact the complainant/reporter.

The nature of the complaint will determine the scope of any needed review and investigation.

If an employee is alleged to have engaged in conduct that could result in discipline, the employee will be provided with the necessary due process.

The employee assigned to review and respond to the complaint shall disclose information concerning the allegations only as necessary to perform an investigation.

Before a response is sent to IAD, the proposed response must be submitted to the superintendent or designee.

The Superintendent or designee will ensure that the submission meets USBE’s criteria and determine whether additional action needs to be taken by the district.

Provide a response to IAD within 45 days (14 days if the report involves prohibited discriminatory submissions, trainings, or practices).

A response must be provided using the official USBE IAD online response form.

If the matter was not resolved, updates must be submitted to IAD every 30 days until the matter is resolved.

When any response is submitted, the Superintendent must be notified of the submission in order for the district to document the status of the matter, e.g., substantiated, unsubstantiated, closed, pending, etc.