ACA-AR 3 - Americans with Disabilities Act Grievance Procedure
The compliance officer is responsible for coordinating the district’s efforts to comply with the Americans with Disabilities Act. The compliance officer shall be a neutral party having had no involvement in the complaint presented.
Any complaint shall be presented in writing to the compliance officer within 180 days from date of alleged discrimination. It must include the following:
- Name and address of the individual or the representative filing the complaint;
- Description the alleged discriminatory action in sufficient detail to inform the district of the nature and date of the alleged violation;
- Signature by the complainant or by someone authorized to do so on his/her behalf;
- Identification (by name, if possible) of the alleged victims of the discrimination for any complaint filed on behalf of classes or third parties.
The compliance officer shall thoroughly investigate the complaint, notify the person who has been accused of discriminating, permit a response to the allegation and arrange a meeting to discuss the complaint with all concerned parties within ten (10) working days after receipt of the written complaint, if deemed necessary. The compliance officer shall give a written answer to the complaint within fifteen (15) working days after receipt of the written complaint.
If the complainant is not satisfied with the answer of the compliance officer, he/she may submit a written appeal to the superintendent or designee indicating with particularity the nature of disagreement with the answer and reason underlying such disagreement. Such appeal must be filed within ten (10) working days after receipt of the compliance officer’s answer. The superintendent or designee shall arrange a meeting with the complainant and other affected parties, if requested by the complainant, at a mutually agreeable time to discuss the appeal. The superintendent or designee shall give a written answer to the complainant’s appeal within ten (10) working days.
If the complainant is not satisfied with the answer, an appeal with the Board may be filed within ten (10) working days after receipt of the Step III answer. The Board shall, within twenty (20) working days, conduct a hearing at which the complainant shall be given an opportunity to present the complaint. The Board shall give a written answer to the complaint within ten (10) working days following completion of the hearing.
If the complainant is not satisfied with the decision of the Board, a complaint may be filed with the Office for Civil Rights, Department of Education, 1330 C Street SW, Suite 5000, Washington, DC 20202 or with the Coordination and Review Section, PO Box 66118, Civil Rights Division, U.S. Department of Justice, Washington DC 20035-6118. Individuals may initiate complaint procedures and/or civil actions with or without first complying with local complaint procedures.