Thursday, September 09, 2010
   
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2400 Appeal Process

Appeal Process

An appeal is a petition to modify a decision made by an individual in authority.  This procedure is applicable in circumstances for which there is no established appeal process.  An individual may only pursue a single procedure for a remedy.

Decisions of staff members in a school may be appealed to the building principal.  This appeal must be initiated in writing within thirty (30) calendar days of the decision or action.  The appellant (the person pursuing the appeal) must have discussed the decision with the appropriate staff member prior to initiating the appeal.

At all stages of the appeal process, correspondence, decisions, and actions shall be encouraged at the level closest to the appellant.

Decisions and actions of principals, the Director of Special Education and Athletic Directors may be appealed to the Executive Directors for Instruction.  Decisions and actions of administrators in the business department or in the Physical Plant Services Department may be appealed to the Assistant Superintendent for Business Services.  Decisions and actions of other administrators may be appealed to the Assistant Superintendent for Human Resources and Labor Relations.  If the decision of the applicable Executive Director or Assistant Superintendent is not satisfactory to the employee, an appeal may be made to the Superintendent.  The appeal must follow the decision or action within ten (10) calendar days of a decision from the previous level.  In cases considered by the Superintendent, a written decision may be given. The decision of the Superintendent is final unless the matter involves a demotion or termination.

Appeals of administrative decisions concerning demotions or terminations may be brought to the Board after the Superinten¬dent has rendered a decision on the matter. The full Board will receive notification that the appeal has been submitted. The Board president may then choose to decide the appeal, assign the appeal to a subcommittee of the Board or have the full Board hear the appeal. The standard of review is that of “arbitrary and capricious.” The Board President or Board Subcommittee or full Board will not substitute its judgment for that of the Superintendent during the appeal process. Instead, the decision maker will determine whether the decision of the Superintendent (or designee) was arbitrary and capricious. If the decision is determined not to be arbitrary and capricious, the Superintendent’s decision will be upheld. The decision of the Board President, Board Subcommittee or full Board is final.  If the decision is made by less than the full Board, the decision will be made available to the full Board.

Appeals, which involve a question of Board policy, may be referred directly to the Board for consideration.  Such an appeal must be made in writing and within ten (10) calendar days of the incident.


Approved:  6/21/94
Revised & Adopted: 5/20/97
Revisions: 3/15/06
Revisions: 3/20/06
Approved: 5/9/06