If the District is open, grievance timelines will continue to run. Generally, the District is deemed “open” if instruction is being provided, virtually or otherwise.
Given the current pandemic, the following guidelines should keep the District compliant with its timelines – while still adhering to the Center for Disease Control’s COVID-19 guidelines. The District should always adhere to all federal, state & local health and safety guidelines.
Absent written, mutual agreement by both parties to extend grievance timelines. The following guidance is related to grievances pursuant to Board Policies DGBA, FNG, and GF, respectively.
Informal Complaints
While the District is open, the District should continue to resolve informal complaints within the required timelines. The District should use alternative methods for the meeting such as telephone conference or video conferencing.
Formal Complaints
The District should ensure there is a method of filing a complaint that does not require an in person drop-off. We recommend that the District allow for email filing during this time.
We also recommend that while the District is open, the timelines for grievance hearings and responses should be adhered to. The District should continue to schedule conferences at a mutually agreeable time. In accordance with federal, state & local health and safety guidelines it is advisable for the District to hold these conferences via telephone or video conferencing.
All responses should meet required timelines as provided in Board Policies. Responses can be emailed or mailed via the United State Postal Service. The responses should no longer be hand delivered while the safety protocols are in place. If mailing, the response is considered timely if it is postmarked on or before the deadline.
For questions regarding grievance timelines, please contact Mari McGowan at mmcgowan@abernathy-law.com or Chad Timmons at ctimmons@abernathy-law.com.
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