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IHBAL - GRIEVANCE PROCEDURE FOR PERSONS WITH DISABILITIES

EducationThe Board has adopted this grievance procedure to provide a local avenue for persons with disabilities to raise concerns about whether the school unit is fully meeting its obligations under state and federal laws to protect persons with disabilities. This procedure is intended to meet the requirements of the federal Rehabilitation Act (34 CFR § 104.7(b)) and the federal Americans with Disabilities Act (28 CFR § 35.107 (b)).

Questions about this grievance procedure should providebe eachdirected giftedto and/orthe talentedADA/504 learnercompliance coordinator as listed on the Cape Elizabeth School Department (CESD) website: https:www.cape.kl2.me.us 

Step One:

A person with variedan programsidentifiable disability, or someone acting on that challengeperson's behalf, may file a written grievance regarding compliance with state or federal disabilities laws with the building principal where the grievance arose, or with the ADA/504 compliance coordinator. If filed with the ADA/504 compliance coordinator, that person shall forward it to the appropriate building principal. No grievance will be heard if it involves actions that occurred more than 60 days prior to the filing of the grievance.

The building principal, after consultation with the ADA/504 compliance coordinator, shall respond in writing to the grievance within 15 working days of its receipt. Extensions of 15 working days may be allowed when necessary to address fully the issues in the grievance. The principal's written response shall be forwarded to the grievant and motivateto him/herthe ADA/504 compliance coordinator.

Step Two:

If dissatisfied with the response, the grievant may obtain a review by the Superintendent of the principal's decision.

The grievant must request that review within 15 working days of the decision of the principal. The superintendent, after consultation with the ADA/504 compliance coordinator, shall respond in writing to reachthe his/hergrievance fullestwithin potential.15 working days. Extensions of 15 working days may be allowed when necessary to address full the issues in the grievance. The Superintendent's written response shall be forwarded to the grievant and the ADA/504 compliance coordinator.

Except for grievances regarding physical alterations to school buildings or grounds, the decision of the Superintendent shall be final. In the case of grievances regarding physical alterations to school buildings or grounds, a dissatisfied grievant may obtain a review by the School Board of the Superintendent's decision. 

The grievant must request that review within 15 working days of the decision made by the Superintendent. The Board directsshall have a reasonable time to schedule a meeting on the Superintendent,grievance and to issue its decision.

Nothing in the grievance procedure in any way forecloses a person with a disability from seeking redress for their concerns at any time through other legal avenues, such as through the Office for Civil Rights, the Department of Justice, the Maine Human Rights Commission or his/herthe designeesMaine Department of Education.

Questions about other legal avenues available for persons with disabilities to developpursue compliance concerns under various disabilities laws should be directed to the ADA/504 compliance coordinator.

 This notice is available in large print and implementon appropriateaudio programstape infrom the ADA/504 compliance with applicable laws and regulations.coordinator.

Reviewed:

  • 20-ANovember MRSA13, §§ 4703; 8101 et seq.
  • Maine Dept. of Ed. Rule Ch. 1042018

 

Adopted:

  • MayDecember 10,11, 19772018

Reviewed:



  • October 26, 1994

Recoded:

  • June 1998

Revised:

  • September 12, 2005

Reviewed:

  • September 10, 2013

 

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