This complaint resolution procedure applies to all programs administered by the Missouri Department of Elementary and Secondary Education under the No Child Left Behind Act (NCLB).
A complaint is a formal allegation that a specific federal or state law or regulation has been violated, misapplied, or misinterpreted by school district personnel or by Department of Education personnel.
Any parent or guardian, surrogate parent, teacher, administrator, school board member or any other person directly involved with an activity, program, or project operated under the general supervision of the Department may file a complaint. Such a complaint must be in writing and signed; it will provide specific details of the situation and indicate the law or regulation that is allegedly being violated, misapplied, or misinterpreted.
The written, signed complaint must be filed and the resolution pursued in accordance with local district policy:
If a complaint has been made and appealed in accordance with administrative procedures, the parent/guardian or member of the public may appeal the issue to the Board by submitting a written request to the superintendent or the secretary of the Board. The Board will address the complaint in an appropriate and timely manner.
If the issue cannot be resolved at the local level, the complainant may file a complaint with the Missouri Department of Education. If there is not evidence that the parties have attempted in good faith to resolve the complaint at the local level, the Department may require the parties to do so and may provide technical assistance to facilitate such resolution.
Any persons directly affected by the actions of the Department may file a similarly written complaint if they believe state or federal laws or regulations have been violated, misapplied, or misinterpreted by the Department itself. Anyone wishing more information about this procedure or how complaints are resolved may contact local district or Department personnel.
Please keep this explanation for future reference (Section 504 of the Rehabilitation Act of 1973). The following is a description of the rights granted by federal law to students with disabilities. The intent of the law is to keep you fully informed concerning decisions about your child and to inform you of your rights if you disagree with any of these decisions. You have the right to:
- Have your child take part in, and receive benefits from public education programs without discrimination because of his/her disability;
- Have the school district advise you of your rights under federal law;
- Receive notice with respect to identification, evaluation, or placement of your child;
- Have your child receive a free appropriate public education. This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the
- right to have the school district make reasonable accommodations to allow your child an equal opportunity to participate in school and school-related activities;
- Have your child educated in facilities and receive services comparable to those provided non-disabled students;
- Have your child receive special education and related services if he/she is found to be eligible under the Individuals with Disabilities Education Act (PL94-142) IDEA or Section 504 of the Rehabilitation Act;
- Have evaluations, educational, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options;
- Have transportation provided to and from an alternative placement setting at not greater cost to you than would be incurred if the student were placed in a program operated by the district;
- Have your child be given an equal opportunity to participate in non-academic and extracurricular activities offered by the district;
- Examine all relevant records relating to decisions regarding your child’s identification, evaluation, educational program, and placement;
- Obtain copies of educational records at a reasonable cost unless the fee would effectively deny you access to the records;
- A response from the school district to reasonable requests for explanations and interpretations of your child’s records;
- Request amendment of your child’s educational records if there is a reasonable cause to believe that they are inaccurate, misleading, or otherwise in violation of the privacy rights of your child.
- If the school district refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing;
- Request an impartial due process hearing related to decisions or actions regarding your child’s identification, evaluation, educational program, or placement. You and the student may take part in the hearing and have an attorney present for you;
- Ask for payment of reasonable attorney fees if you are successful on your claim; and
- File a local grievance.
(Section 504 of the Rehabilitation Act statute and regulations: 29 U.S.C. 706(7), Section 794; 34 C.F.R. Part 104, the Individuals with Disabilities Act statute and regulations: 20 U.S.C. Section 1232g; 34 C.F.R. Part 99)
The person in this district who is responsible for assuring that the district complies with Section 504 is Dr. Grant Boyer, 417.546.6384.
Board Policy KL: Public Concerns and Complaints