FNG - STUDENT RIGHTS AND RESPONSIBILITIES: STUDENT AND PARENT COMPLAINTS

DEFINITION AND PHILOSOPHY

"Parent" includes a person standing in parental relation, but does not include a person as to whom the parent-child relationship has been terminated or a person not entitled to possession of or access to a child under a court order. Except as provided by federal law, all rights of a parent under Education Code Title 2 and all educational rights under Family Code 151.003(a)(10) shall be exercised by a student who is 18 years of age or older or whose disabilities of minority have been removed for general purposes under Family Code Chapter 31 unless the student has been determined to be incompetent or the student's rights have been otherwise restricted by a court order.

Education Code 26.002

Parents are partners with educators, administrators, and the School's Board of Trustees in their child's education. Parents shall be encouraged to actively participate in creating and implementing educational programs for their children.

Unless otherwise provided by law, the Board, a School administrator, or an educator may not limit parental rights.

Education Code 26.001(a)(c)

COMPLAINT PROCEDURES

The Board establishes the following procedures to consider complaints that a parent's right has been denied and as a grievance procedure under which the Board shall address each complaint that the Board receives concerning a violation of Education Code Chapter 26 (Parental Rights).

Education Code, 26.001(d), 26.011

The purpose of these procedures is to secure at the lowest possible administrative level, prompt and equitable resolution of student or parent complaints. Except as provided below, all student or parent complaints shall be presented in accordance with this policy.

CERTAIN COMPLAINTS

Complaints regarding certain topics are addressed by specific policies that modify this complaint process or require an alternative process:

  1. Discrimination on the basis of gender: FB
  2. Sexual abuse or sexual harassment of a student: FNCJ
  3. Loss of credit on the basis of attendance: FDD
  4. Teacher removal of a student for disciplinary reasons: FOA
  5. Removal of a student to a disciplinary alternative education program: FOAB
  6. Expulsion of a student: FOD
  7. Identification, evaluation, or educational placement of a student with a disability within the scope of Section 504: FB
  8. Identification, evaluation, or educational placement of a student with a disability within the scope of IDEA: EHBA and the parent's rights handbook provided to parents of all students referred to special education
  9. Instructional materials: EFA
  10. On-campus distribution of nonschool materials to students: FMA

GENERAL PROVISIONS

Unless otherwise provided by a policy referenced above, students or parents shall be entitled to informal conferences with administrators to resolve their complaints. If such attempts are unsuccessful, the students or parents may take their complaint to the Board. If a complaint involves a problem with a teacher, the student or parent in most circumstances shall be expected to discuss the matter with the teacher before requesting a conference with the principal at Level One.

The student may be represented by an adult at any level of the complaint.

For purposes of this policy, "days" shall mean calendar days.

Announcement of a decision in the student's or parent's presence shall constitute communication of the decision.

LEVEL ONE

A student or parent who has a complaint shall request a conference with the principal within ten days of the time the student or parent knew, or should have known, of the event or series of events causing the complaint. The principal shall schedule and hold a conference with the student or parent within seven days of the request. If the complaint is one of sexual harassment or Section 504 discrimination, the Principal shall include the School's Title IX or 504 Coordinator respectively, in the conference.

LEVEL TWO

If the outcome of the conference with the principal is not to the student's or parent's satisfaction, the student or parent may request, within ten days, a conference with the Superintendent or designee, who shall schedule and hold a conference. Prior to or at the time of the conference, the student or parent shall submit a written complaint that includes a statement of the complaint,

any evidence in its support, the solution sought, the student's or parent's signature, and the date of the conference with the principal.

LEVEL THREE

If the outcome of the conference with the Superintendent or designee is not to the student's or parent's satisfaction, the student or parent may submit to the Superintendent a written request to place the matter on the agenda of the next regular Board meeting.

The Superintendent shall inform the student or parent of the date, time, and place of the meeting. The presiding officer shall establish a reasonable time limit for complaint presentations.

The Board shall hear the complaint and take whatever action it deems appropriate. The lack of official action by the Board shall uphold the administrative decision at Level Two.

If the complaint involves concerns or charges regarding an employee, it shall be heard by the Board in closed meeting unless the employee to whom the complaint pertains requests that it be public.

PARENT-TEACHER ORGANIZATION

The Board shall cooperate in the establishment of ongoing operations of at least one parent-teacher organization at the School to promote parental involvement in school activities.

Education Code 26.001(e) (See GE)

ACADEMIC PROGRAMS

A parent is entitled to:

  1. Request, with the expectation that the request will not be unreasonably denied:
    1. *The addition of a specific academic class in the course of study of the parent's child in keeping with the required curriculum if sufficient interest is shown in the addition of the class to make it economically practical to offer the class. (See EH)
    2. *That the parent's child be permitted to attend a class for credit above the child's grade level, whether in the child's school or another school, unless the Board or its designated representative expects that the child cannot perform satisfactorily in the class. The decision of the Board concerning such a request is final and may not be appealed. (See EH)
    3. *That the parent's child be permitted to graduate from high school earlier than the child would normally graduate, if the child completes each course required for graduation. (See EIED)
    4. Have a child who graduates early participate in graduation ceremonies at the time the child graduates. (See FMH)

*The decision of the Board concerning these requests is final and may not be appealed.

Education Code 26.003(a)(3)(4), (b)

STUDENT RECORDS AND INFORMATION

A parent is entitled to full information regarding the school activities of a parent's child except as provided by state child abuse laws. A parent is entitled to access to all written records of the School concerning the parent's child, including:

  1. Attendance records.
  2. Test scores.
  3. Grades.
  4. Disciplinary records.
  5. Counseling records.
  6. Psychological records.
  7. Applications for admission.
  8. Health and immunization information.
  9. Teacher and counselor evaluations.
  10. Reports of behavioral patterns.

Education Code 26.004, 26.008(a) (See FL, FM)

ASSESSMENTS

A parent is entitled to access to a copy of each state assessment instrument administered to the parent's child, but a parent is not entitled to access to copies of questions that are being field-tested by TEA and were not used to compute a student's score.

Education Code 26.005 (See EKB)

TEACHING MATERIALS

A parent is entitled to:

  1. Review all teaching materials, textbooks, and other teaching aids used in the classroom of the parent's child.
  2. Review each test administered to the parent's child after the test is administered.

The School shall make teaching materials and tests readily available for review by parents and may specify reasonable hours for review.

(See EF)

A parent is entitled to request that the School allow the student to take to the student's School residence or the student's home, if the student goes home during the school year, any textbook used by the student. Subject to the availability of a textbook, the School shall honor the request. A student who takes home a textbook must return the textbook to school at the beginning of the next school day if requested to do so by the student's teacher.

Education Code 26.006

BOARD MEETINGS

A parent is entitled to complete access to any meeting of the Board, other than a closed meeting held in compliance with the Open Meetings Act.

The Board must hold each public meeting in compliance with the Open Meetings Act. (See BE)

Education Code 26.007

LIMITATIONS ON SCHOOL EMPLOYEES

An attempt by any School employee to encourage or coerce a child to withhold information from the child's parent is grounds for discharge or suspension without pay.

Education Code 26.008(b) (See DF)

PARENTAL CONSENT

A School employee must obtain the written consent of a child's parent before the employee may:

  1. Conduct a psychological examination, test, or treatment, unless the examination, test, or treatment is required by state child abuse laws. (See FFE)
  2. Make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice. (See EHA, FM)

CONSENT NOT REQUIRED

A School employee is not required to obtain the consent of a child's parent before the employee makes a videotape or authorizes the recording of a child's voice if the videotape or voice recording is to be used only for:

  1. Purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses. (See FO)
  2. A purpose related to a cocurricular or extracurricular activity. (See FM)
  3. A purpose related to a regular classroom instruction. (See EHA)
  4. Media coverage of the school.

Education Code 26.009

EXEMPTION FROM INSTRUCTION

A parent is entitled to remove the parent's child temporarily from a class or other school activity that conflicts with the parent's religious or moral beliefs if the parent presents or delivers to the teacher of the parent's child a written statement authorizing the removal of the child from the class or other school activity. A parent is not entitled to remove the parent's child from a class or other school activity to avoid a test or to prevent the child from taking a subject for an entire semester, nor is the child exempt from satisfying grade level or graduation requirements in a manner acceptable to the School and TEA.

Education Code 26.010 (See EMB)

FEES

TEA or the School may charge a reasonable fee in accordance with the public information laws, for copies of materials described above provided to a parent.

Education Code 26.012 (See GBA)

Adopted: 10/13/78
Amended: 1/14/88, 6/1/89, 9/27/91, 9/25/92, 1/29/93, 11/18/94, 11/14/97, 5/28/03
Reviewed:


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