11-13-1989 - Agenda Packet City Council - regular meeting

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Section 504 Grievance Procedure Required under Dept. of Health, Education & Welfare (84.7 Wed. May 4, 1977) The Orono I.S.D. f278 has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Dept. of Health, Education 6 Welfare (84.7 Wed. May 4, 1977) imple- menting Section 504 of the Rehabilitation Act of 1973. Section 504 states, in part, that "no otherwise qualified handicapped individuals... shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any pragram or activity receiving federal financial assistance...' Complaints should be addressed to: Assistant to the Superintendent, who has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. 2. A complaint should be filed within thirty (30) days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place gill be considered on a case -by -case basis.) 3. An investigation, as may be appropriate, ;hall follow a filing of a complaint. The investigation will be conducted by the Ass;,.tant to the Superintendent. These rules contemplate informal but thorough investi- gations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 84.7 Wed. May 4, 1988, the Assistant to the Superintendet need not process complaints from applicants for employment or from applicants for admission to post- secondary educational institutions. 4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Assistant to the Superin- tendent and a copy forwarded to the complainant no later than thirty (30) days after its filing. 5. The Section 504 coordinator shall maintain the files and records of the Orono Schools relating to the complaints filed. 6. The Complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for recon- sideration should be made within thirty (30) days to the Superintendent of Schools. 7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other rem^ - dies such as the filing of a Section 504 complaint with the Dept. of Education. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. 8. These ruses should be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Orono I.S.D. #278 complies with Section 504 and the Dept. of Education. October 9, 1989