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Templeton Elementary

Monroe County Community School Corporation

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IB Complaints Procedure

Complaints Procedure for Students/Parents/Guardians

Complaints Procedure for Students/Parents/Guardians

Templeton Elementary follows the following district procedures for student/guardian complaints:

MCCSC Complaint Resolution Procedure

PUBLIC COMPLAINTS AND CONCERNS Any person or group having a legitimate interest in the operations of this Corporation shall have the right to present a request, suggestion, complaint, or concern relating to Corporation personnel, the program, or the operations of the Corporation. At the same time, the School Board 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 and concern 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 Corporation 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, complaints, or grievances reaching the Board, Board members, and the administration shall be referred to the Superintendent for consideration according to the following procedure. This policy shall not be in conflict with any negotiated agreement. The current frozen policy 1312 will be incorporated into administrative guidelines.

Matters Regarding A Professional Staff Member

  • INFORMAL PROCEDURES
    • Complaint Procedures
      • Complaints concerning school personnel will be referred to the employee’s chief building administrator for investigation.
      • When any investigation requires discussion of the complaint with the school employee involved or with the school employee’s colleagues, the school employee against whom the charge is filed shall be notified of the nature and source of the complaint.
      • Chief building administrators will attempt to resolve each complaint on an informal basis in cooperation with the complainant and the school employee.
      • Prior to any meeting with the complainant, the school employee will be given the opportunity to meet with the building principal to discuss the complaint and will be given the opportunity to provide a written response to the complaint.
      • All meetings under this section of the regulations will be held in private and will be conducted informally. Every attempt will be made to resolve the complaint at this level.
      • No transcript will be made of these meetings. Tape recording devices will not be permitted. Records will be limited to the written notes of the parties.
      • At any meetings, the complainant and the school employee will have the right to:
        • present evidence regarding the facts of the complaint
        • be assisted by appropriate representation. The presence of other outside parties, such as witnesses, will not be permitted.
      • Meetings at the chief building administrator level will be held as soon as possible but within ten (10) school days following receipt of the complaint. A report of the meeting and any decision will be provided in writing to the parties and the Superintendent within two (2) school days following the meeting.
    • Informal Investigation - General Guidelines
      • In handling any complaint, the principal will:
        • gather information from both parties to the complaint.
        • be responsible for conducting the complaint investigations or meetings in a manner which protects the rights of all involved parties.
        • provide for privacy and a confidential handling of the matter.
        • cause the complaint and relevant information to be written should the complaint not be resolved by informal means.
  • STUDENT/PARENT COMPLAINTS--FORMAL PROCEDURE
    • If, after informal procedures have been exhausted, the complainant feels that the complaint has not been satisfactorily resolved, the complaint may be formalized. The formalized complaint shall be in writing. The school employee shall be given copies of the charges and all relevant documentation within two (2) school days of the filing of the charges. Any charges will be substantiated at the informal meeting with the principal and the complainant or at the formal hearing. Student/parent complaints shall be filed under the general provisions of I.C. 20-8.1-5-14, where a student or his parent believes that the student is being improperly denied participation in any educational function of the school corporation or is being subjected to an illegal rule or standard and, as outlined below. Hearings conducted as a result of such student/parent complaints shall be conducted under the provisions of I.C. 30-8.1-5-10 and as outlined below. These procedures do not entitle a student or a parent to initiate a hearing involving a grade or grades given the student for courses taken.
    • Written Complaint--A written complaint must be filed by the student/parent with the Superintendent within ten (10) school days of receipt of a decision of the chief building administrator at the informal stage. - 50 – Document Revised 5/30/19
    • Appointment of Hearing Examiner--Within one (1) school day of the filing of the written complaint, the Superintendent will appoint a Hearing Examiner.
    • Hearing Examiner’s Responsibilities--The Hearing Examiner shall have the following duties:
      • to give notice of the complaint to the parties affected.
      • to schedule a hearing if a hearing is requested or necessary, at a specified date, time, and place with the authority to postpone the date and time or change the place for any good cause.
      • to ensure that any records of the student or any statements of witnesses are available to the complainant, school employee and their representatives before the hearing.
      • to be available before the hearing to answer any questions the complainant, the principal, school employee(s) or the representative of any of the parties may have about the nature and conduct of the hearing.
      • to take full charge of the hearing subject to the provisions of I.C. 20-8.1-5 et seq.
      • to prepare findings of fact and recommendations as provided above and transmit them to the Superintendent within two (2) school days after the hearing.
    • Request for Hearing--A request for a hearing by the complainant, principal, or school employee will be made to the Hearing Examiner in writing within ten (10) calendar days after the Hearing Examiner’s written notification is received. The request may be delivered to the Hearing Examiner in person or by certified mail.
    • Waiver of Rights--If a hearing is not requested within ten (10) calendar days following receipt of the Hearing Examiner’s written notification, all rights, administratively and judicially, to contest and appeal the decision of the chief building administrator will be waived.
    • Hearing Notice--If a hearing is requested, the Hearing Examiner will schedule the hearing and notify the complainant, principal(s), and school employee(s) involved of the time and place within two (2) school days or such additional time as is reasonably necessary, not to exceed an additional two (2) school days. The hearing will be held within a period of five (5) school days after it is scheduled. No hearing will be held upon less than two (2) days’ notice to the complainant, school employee(s), and all other parties involved, except with the consent of all involved parties. The Hearing Examiner may reschedule the hearing for good cause. Once a hearing is requested, it may be waived by the requesting party; such a waiver must be in writing and signed by the requesting party and will be valid only if made voluntarily and with knowledge of the hearing procedure and the consequences of the waiver.
    • Hearing Procedure--Hearings conducted as a result of student/parent charges shall be conducted under the provisions of I.C. 20-8.1-5-10 and as outlined below.
      • The Hearing Examiner will chair the proceedings.
      • In conducting the hearing, the Hearing Examiner will not be bound by the rules of evidence or any other courtroom procedure.
      • All testimony will be under oath, and the Hearing Examiner will be authorized to administer the oath.
      • The hearing may be attended by the Hearing Examiner, the Superintendent, the principal, the complainant, school employees involved, the representative of the complainant, and the representative of the school employee involved. The counsel for the school corporation may attend when the Hearing Examiner or the Superintendent deems it advisable. The hearing shall be closed to the public.
      • Witnesses should be present only when they are giving information at the hearing. If a student’s psychological or emotional problems are being discussed, the student may be excluded at the discretion of the Hearing Examiner, with the concurrence of the student’s parent.
      • The school employee’s and the complainant’s representatives may be, but need not be, attorneys.
      • The Hearing Examiner may exclude anyone from the hearing whose actions disrupt an orderly proceeding.
      • The school employee(s) and the complainant may speak in their own defense and may be questioned on their testimony. They may also choose not to testify and there will be no threat of punishment or later punishment for refusal to so testify.
      • The parties will present to the Hearing Examiner statements in affidavit form of any person having information about the charges and all relevant documentation, but not unless such statements and records have been made available to the other parties involved or their representative(s) prior to the hearing. If the Hearing Examiner deems it necessary, the information contained in such records will be explained and interpreted at the hearing, or prior thereto the other parties and/or their representative(s) by a person trained in their use and interpretation.
      • The school employee, his/her representative, the complainant, the complainant’s representative, the principal, or the Hearing Examiner may ask witnesses to testify at the hearing provided that all parties are apprised of the identity of the witnesses before the hearings. If, in the opinion of the Hearing Examiner, the disclosure of the witnesses’ names prior to the hearing shall subject such witnesses to unreasonable harassment, then the prior disclosure of witnesses’ names shall not be required.
      • The school employee, his/her representative, the complainant, the complainant’s representative, the principal, or the Hearing Examiner will have the right to examine or cross-examine any witness giving information at the hearing. The Hearing Examiner may, however, limit the right of any party to examine or cross-examine any witness to the extent that such examination is abusive or interferes with the conduct of an orderly hearing.
      • Evidence presented at the hearing will either be recorded by shorthand reporter or taped. The school corporation will choose the recording method. If the recording is requested by the student, and if the student is reasonably unable to pay the cost for the record, the school corporation will do so.
      • The Hearing Examiner will report his or her findings and recommend action to be taken, to the Superintendent, within two (2) school days of the hearing. In making his or her report, the Hearing Examiner will explain the reasons for the particular action recommended in terms of the needs of both the complainant and the school corporation.
      • Any person giving evidence by affidavit or in person at a hearing will be given the same immunity from liability as a person testifying in a court case.
    • Superintendent’s Determination--Once the Hearing Examiner has reported findings and recommendations to the Superintendent, a determination will be made and reported to the school employee(s) and the complainant within two (2) school days. The determination by the Superintendent may change or revoke the sanction recommended by the Hearing Examiner but will not impose a sanction more severe than that recommended by the Hearing Examiner.
    • Notice of Determination--Written notice of the Hearing Examiner’s findings and recommendation and the Superintendent’s determination shall be given to both the school employee and the complainant. Such notice will be delivered in person or by certified mail upon the reaching of a determination by the Superintendent.
    • Appeal to the Board--Either party may, within thirty (30) calendar days following a hearing, appeal the Superintendent’s determination to the Board of School Trustees.
      • Such an appeal will:
        • be filed by a written request to the Office of the Superintendent.
        • be delivered in person or by certified mail.
        • be based upon the record, except that new evidence may be admitted to avoid a substantial threat of Unfairness.
        • the record shall consist of the: (1) charge made by the complainant; (2) notice given by the Hearing Examiner; (3) transcript or tape of the proceedings; (4) Hearing Examiner’s findings and recommendations; and (5) determination of the Superintendent.
      • After examining the record and taking new evidence, if any, the Board may deliberate privately upon such record and new evidence to arrive at its decision; such deliberation will be held in the presence only of members in attendance at the appeals proceedings but may be held in the presence of legal counsel who has not previously advised the Hearing Examiner or the Superintendent.
      • Should questions arise during the deliberations of the Board of School Trustees which require additional evidence, the Board of School Trustees may reopen the hearing to receive additional evidence.
      • The Board of School Trustees may alter the Superintendent’s determination by decreasing the penalty if it finds that determination too severe.
      • The final decision of the Board of School Trustees will be delivered in person or by certified mail to the school employee(s) and to the complainant; such determination will be in writing.
      • If the school employee being complained against is a teacher, said teacher may appeal at Level III of Article 3.00 of the MCEA-MCCSC Collective Bargaining Agreement either the determination of the Superintendent or the final action of the Board of School Trustees.
    • Appeal to the Courts--At any time within thirty (30) days after the Board of School Trustees’ decision relating to an appeal, either party involved may appeal such determination to the Circuit or Superior Court of Monroe County. Such appeal will be initiated by the filing of a complaint with the appropriate court.

Matters Regarding an Administrative Staff Member

Since administrators are considered members of the Corporation’s professional staff, the general procedure specified in “Matters Regarding a Professional Staff Member” shall be followed.

Matters Regarding a Support Staff Member

In the case of a support staff member, the complaint is to be directed, initially, toward the person’s supervisor, and the matter then brought as required to higher levels in the same manner as prescribed for “Matters Regarding a Professional Staff Member” or as may be set forth in the appropriate negotiated agreement.

Matters Regarding Corporation Services or Operations

If the request, suggestion, complaint, or concern relates to a matter of Corporation procedure or operation, it should be addressed, initially, to the immediate supervisor and then brought, in turn, to higher levels of authority in the manner prescribed in “Matters Regarding a Professional Staff Member.”

Matters Regarding the Educational Program

If the request, suggestion, complaint or concern relates to a matter of Corporation 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 Professional Staff Member.”

Matters Regarding Instructional Materials

If the request, suggestion, complaint or concern relates to instructional materials such as textbooks, library books, reference works, and other instructional aids used in the Corporation, the following procedure shall be followed:

  • The criticism is to be addressed to the principal, in writing, and shall include:
    • Author
    • Title
    • Publisher
    • the complainant’s familiarity with the material objected to.
    • sections objected to, by page and item.
    • reasons for objection.
  • Upon receipt of the information, the principal may, after advising the associate superintendent in charge of instruction of the complaint, and upon the associate superintendent’s approval, appoint a review committee which may consist of:
    • one (1) or more professional staff members.
    • one (1) or more lay persons knowledgeable in the area.
  • The committee, in evaluating the questioned material, shall be guided by the following criteria:
    • the appropriateness of the material for the age and maturity level of the students with whom it is being used.
    • the accuracy of the material.
    • the objectivity of the material.
    • the use being made of the material.
  • The material in question may be withdrawn from use pending the committee’s recommendation to the Superintendent.
  • The committee’s recommendation shall be reported to the Superintendent in writing within ten (10) business days following the formation 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.
  • The complainant may appeal this decision, within thirty (30) 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.
  • The Board shall review the case in public session and advise the complainant, in writing, of its decision within ten (10) business days.

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.

I.C. 20-5-2-2(16)

Adopted by the Board 7/15/91

Review and Access: This policy will be reviewed annually by the Principal, Assistant Principal, and IB Leadership Team. Prior to this meeting teachers will have an opportunity to review the policy. Their input will be shared by a representative on the IB Leadership Team at the review meeting. It is understood that this policy may need to be adjusted based on the requirements of the IB PYP, our school district mandates, and State of Indiana Dept. of Education requirements. This policy will be accessible to all stakeholders through the Templeton website.

Last reviewed: May 9, 2022