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The law provides an administrative process for complaints which begins at the District level.  The parent / guardian will need to file a complaint with the superintendent or chief administrator of the district the student is enrolled. 

 

Within 30 days of a complaint being filed, the superintendent/chief administrator of the district is required to investigate and provide a written report of his/her findings to the parent or legal guardian who filed the complaint and to the superintendent (when the chief admin is the one investigating).   

 

If the investigation reveals that 1 or more violations have occurred, the written report must contain a description of each violation and corrective action the district must take to correct the situation to ensure that there is no further violation. The district then has 30 days to institute the corrective actions set forth in the written report. 

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The Intermediate District Level

 What happens if a parent has gone through the above and believes that the district is still not in compliance with law?

 

When this happens, the parent can appeal the findings to the intermediate school district in which their district is located.   

 

When there is an appeal to an intermediate district, the superintendent of the intermediate district shall investigate the complaint and, within 30 days after the date of the appeal, must provide a written report of his/her findings to the parent or legal guardian and the local school superintendent.

 

If the investigation by the intermediate superintendent reveals that 1 or more violations have occurred, the intermediate superintendent in consultation with the local district shall develop a plan for corrective action for the district to take to correct the situation to ensure that there is no further violation, and shall include this plan for corrective action with the written report provided to the parent or legal guardian and the superintendent of the violating district. The district then has 30 days to institute the corrective actions set forth in the written report.

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The State Department of Education Level

What happens if a parent has gone through the local district process, the intermediate district appeal process, and believes that the district is still not in compliance with law?

 

The parent may then appeal the findings to the State Department of Education.

 

Upon receiving the appeal, the department shall investigate the complaint and, within 90 days after the date of the appeal, provide a written report of its findings to the parent or legal guardian, to the superintendent of the school district, and to the intermediate school district.

 

If the department finds 1 or more violations as a result of its investigation, then all of the following apply:

 

(a)     The department shall develop a plan for corrective action for the district or intermediate district to take to correct the situation to ensure that there is no further violation, and shall include this plan for corrective action with the written report provided to the parent or legal guardian, the superintendent of the local district, and the intermediate district.

 

The district or intermediate district shall take the corrective actions set forth in the report within 30 days after the date of the written report.

 

(b)     In addition to withholding the percentage of state school aid forfeited by the district or intermediate district, the department may assess a fee to the district or intermediate district that committed the violation in an amount not to exceed the actual cost to the department of conducting the investigation and making the reports required under this subsection.

 

(c) If an investigation conducted by the department reveals that a district or intermediate district has committed 1 or more legal violations, the district or intermediate district forfeits an amount equal to 1% of its total state school aid allocation under this act.

 

Complaint Form Template

The Great Schools Initiative is collaborating with the Thomas More Society to create a template for reporting violations.  Of course, parents are also welcome to create their own.  Either way, it is helpful for you to inform GSI so we can inform others, in your area, that this type of violation is occurring and so they can check with their kids to see if they have experienced anything similar.  (We will keep your personal information confidential.)  Getting the word out is important so that we can look for ways we can support each situation.  This journey is going to be a learn by fire process in which we will all need to work together and share methods we are finding effective and not effective.

 

Possibilities Beyond or In Concurrence With The Above Process

 If a point is reached where the complaint has been taken through every level and the violation has not been resolved or corrective actions have not been heeded, OR if the degree or quantity of such violations has become unacceptably egregious, legal action may be the remedy.