Citizens Appeal - File KA

File: KA

Complaints

Appeals Procedure For Citizens

Purpose:

The purpose of this appeals procedure is to provide a way for citizens to work with the Clay County Board of Education and administrative officials in seeking solutions to problems when there appears to be a failure to provide the elements of a high quality education that resources permit the school district to provide, or for violation of any other legal duty. Both the schools and the citizenry of Clay County are better sewed when a sincere effort is made to provide constructive solutions to problems that may arise. It is the intent of this procedure to provide a simple, straightforward, and easily understood method for solving problems at the lowest possible administrative level, as fairly and as quickly as possible. However, the procedures set forth in the document are not deemed to be a pre-condition to seeking relief in any other forum.

Definitions:

A. Appeal

An appeal is a claim by one or more citizens of a violation of state law or the policies, rules and regulations of the West Virginia Board of Education. The written appeal will identify the specific state law or board policy, rule or regulation which is claimed to be violated, and shall include as much information as possible to describe the alleged violation. Copies of policies, rules and regulations of the West Virginia Board of Education are to be available for public review at each county board of education office.

The term "appeal" shall not apply to any situation where the Clay County Board of Education is without authority to act or where the appeal is specifically established by law, such as appeals regarding the placement of exceptional children. Additionally, the term "appeal" shall not apply when a citizen has a personal complaint about a school employee.

B. Days:

Days shall mean the days the business office of the Clay County Board of Education is open. The office is closed on Saturdays, Sundays, and official holidays. Concerns related to a single school only should be brought to the attention of the school principal during the school term.

C. State Law

State law shall mean the constitutional principles, statutory provisions, judicial law, and administrative law of the State of West Virginia.

Procedure:

A. Distribution of Appeals Procedure:

Copies of this appeals procedure will be readily accessible to citizens at the office of the state superintendent of schools, the office of the Clay County Board of Education, and at each public school.

B. Appeals Forms:

Forms will be available at the office of the state superintendent of schools, the office of the Clay County Board of Education, and at each public school.

C. Filing of Appeals:

The citizen making the written appeal shall provide as much information as possible at the time the appeal is filed; however, additional supportive information may be presented at any level. Once an appeal has been filed, the claim itself may not be altered greatly in content or wording, if such changes are necessary, a new appear should be filed.

D. Time Limits:

Since it is important that an appeal be processed as rapidly as possible, the number of days Indicated at each level shall be considered the maximum. A time limit may, however, be extended by mutual agreement.

E. Meetings. Private/Public:

All meetings and hearings shall be conducted in private except that hearings before the county board of education or the state superintendent of schools or his/her designee may be open at the request of either party. If during an open hearing, the hearing officer(s) at the county or state level feels that either party is discussing matters of a personal nature, the hearing may then be closed for the period of time that such personal matters are being discussed.

F. Representation:

The person or persons filing the appeal may have the assistance of as many as three representatives at conferences held at Levels I and II. Likewise, the administration at Levels I and II may be represented by no more than three persons. At Levels III and IV, any number of representatives may be present. If either party is to represented by legal counsel, sufficient advance notice must be given the other party.

G. Written Decisions:

Except at the informal level, all decisions rendered shall be in writing, setting forth the decisions and the reasons therefore. The decision shall be transmitted to all parties.

Processing of Appeals:

As the primary goal of the appeals procedure is to establish better communications between school officials and citizens, it is important for parents and citizens to discuss their problems with the proper school administrator, usually the school principal or the supervisor/director at the county office. Accordingly, citizens will first informally discuss their concerns with the proper administrator prior to filing a formal appeal under this procedure, if the matter cannot be resolved informally, the administrator will provide the citizen with the proper appeal form.

Level I:

In the event that the concern is not resolved informally, a formal, written appeal may be filed with the principal or school administrator by the citizen or by a group of citizens in behalf of themselves and ail others so affected. The appeal shall be on the prescribed form and will be signed by all persons filing the appeal.

Should the principal or other administrator be without authority to act on the appeal, it may be filed directly with the county superintendent of schools. If, however, the county superintendent feels that the appeal can be resolved at Level I, it will immediately be referred to the proper administrator.

A written decision by the Level I administrator shall be made within ten days after receipt of the appeal. Should either party request a conference at this level, the Level I administrator, will have five additional days to provide the written decision. When the decision is not in favor of the citizen(s), a copy of the Level II appeal form will be included with the decision.

Level II:

Within fifteen days after receiving the decision of the Level I administrator the aggrieved citizen(s) may appeal the decision in writing on the prescribed form to the county superintendent of schools. The superintendent or his/her designee shall. Within ten days, have a conference with the citizen(s) in an attempt to resolve the appeal. The superintendent or his/her designee shall issue a written decision within ten days following the conference. When the decision is not in favor of the citizen(s), a copy of the Level III appeal form will be included with the decision.

Level III:

Within fifteen days of receiving the decision of the county superintendent. The aggrieved citizen(s) may appeal the decision in writing on the prescribed form to the county board of education. The appeal shall be transmitted to the county superintendent who shall, within three days, provide a copy to each member of the county board of education. Copies of all prior decisions and all other written materials related to the grievance also will be provided to board members.

A hearing on the appeal shall be held by the county board of education if requested by the aggrieved citizen(s) when filing the Level III appeal or if the board itself determines that a hearing should be held.

For an appeals hearing held before a county board of education, the usual and customary procedures for administrative hearings will prevail, including proper notice of the hearing, the opportunity to be represented by counsel, the opportunity to present evidence and testimony, the opportunity to call witnesses and the opportunity to cross examine adverse witnesses. A court reporter may be provided by either party.

When a hearing is held, the decision of the county board of education will be a majority vote of those members participating in the hearing and shall rest solely upon the evidence properly presented at the hearing.

A decision shall be rendered by the county board of education within twenty-five days following receipt of a Level III appeal. The board may affirm, modify, or reverse the Level Ii decision and require such remedial actions as it deems necessary.

When the decision is not in favor of the citizen(s), a copy of the Level IV appeal form shall be included with the decision.

Level IV:

If the aggrieved citizen(s) is not satisfied with the decision of the county board of education, the decision may be appealed to the state superintendent of schools. The appeal shall be submitted within thirty days of receiving the decision of the county board of education. A copy of the Level IV appeal and any supporting documents shall, at the same time, be transmitted to the state superintendent of schools.

All the citizen(s) and representatives of the county board of education shall be permitted to appear before the state superintendent of schools or his/her designated hearing officer. The hearing shall be conducted in accord with the usual and customary rules governing administrative hearings and shall be held at a place designated by the state superintendent of schools. Upon agreement of the parties, the state superintendent or his/her designated department of education employee(s) may visit the county to secure additional facts and information related to the appeal.

The decision of the state superintendent of schools shall be issued within thirty days of receipt of the appeal and shall be final unless altered or set aside by a court of competent jurisdiction. The decision of the state superintendent may be appealed to the appropriate court or review may be sought by original proceeding.

Approved: January, 1985

Reference: Policy 7211 West Virginia Board of Education

File KA

A-I

CITIZENS APPEAL FORM

LEVEL I

____________COUNTY SCHOOLS

*This form is to be completed only after an informal conference with the principal or administrator in charge. The appeal procedure approved by the West Virginia Board of Education should be reviewed prior to submitting a formal appeal. Copies are available at the office of the state superintendent of schools, the office of the county board of education and at each public school.

CITIZEN(S) APPEAL

________________________   ___________________________   __________________

             Name                                Address                                      Phone

________________________    __________________________    __________________

             Name                                Address                                       Phone

(Note: If more than two citizens are filing the appeal, the names, addresses and signatures are to be given on the reverse side of this form.)

INFORMATION REGARDING APPEAL

"An 'appeal' is a claim by one or more citizens of a violation of state law or the policies, rules and regulations of the West Virginia Board of Education."

Please identify the stale law or the policy, rule or regulation of the state board of education claimed to have been violated:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

In the space provided below briefly describe the problem or concern, how it affects you, and how you think it should be corrected. (Additional information may be attached.)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

_______________________________                    _______________________________

                      Date                                                     Signature(s)

File:  KA

A-II

CITIZENS APPEAL FORM

LEVEL II

(To County Superintendent)

____________COUNTY SCHOOLS

*For a Level II appeal to be considered, it must be presented to the county superintendent within fifteen days after receiving the decision from Level I. While the original claim may not be altered greatly in content or wording, additional supportive information may be provided.

Citizen(s) Making Appeal

______________________  _______________________  _____________________

         Name                              Address                               Phone

______________________  _______________________  ______________________

        Name                               Address                              Phone

_______________________________                   _______________________________

                    Date                                                            Signature

Note: Upon receipt of this appeal, the county superintendent or his/her designee(s) shall have a conference with the citizen(s) in an attempt to resolve the appeal.

File:  KA

A-III

CITIZENS APPEAL FORM

LEVEL III

(To County Board of Education)

_______________COUNTY SCHOOLS

*For a Level III appeal to be considered by the county board of education, it must be presented to the county superintendent within fifteen days after receiving the decision from Level II. While the original claim may not be altered greatly in content or wording, additional supportive information may be provided.

CITIZEN(S) MAKING APPEAL

_______________________   _______________________   _______________________

           Name                                Address                               Phone

_______________________   _______________________   _______________________

           Name                               Address                                Phone

                  _______________________               _______________________

                             Date                                          Signature(s )

REQUEST FOR HEARING

Citizen(s) are entitled to a hearing before the county board of education if requested at the time the Level III appeal is filed.

 I/we do_________, do not_________ request a hearing before the county board of education.

     _______________________                                _______________________

                  Date                                                        Signature(s)

FILE: KA

A-IV

CITIZENS APPEAL FORM

LEVEL IV

(To State Superintendent of Schools)

____________COUNTY SCHOOLS

If the citizen(s) is/are not satisfied with the decision of the county board of educational Level III, that decision may be appealed to the state superintendent of schools, if filed within thirty days. The citizen(s! shall include with this form a statement of basic facts related to the appeal plus copies of the appeals and decisions at all lower levels, available transcripts of hearings, and any other supportive information A copy of all information provided the state superintendent shall, at the same time, be transmitted to the county superintendent of schools.

Citizens Making Appeal

_______________________  _______________________   _______________________

           Name                                  Address                           Phone

_______________________   _______________________   _______________________

          Name                                  Address                            Phone

RESPONDENT

    ____________________________                                ______________________

    County Board of Education                               County Superintendent

At the request of either party, a hearing shall be conducted by the state superintendent or his/her designated hearing officer.

I/we do, ________do not________ request a hearing before the state superintendent of schools or his/her designated hearing office on this appeal.

I/we do hereby swear that the matters set forth in this appeal are true in so far as is know. I/we certify that a copy of this Level IV appeal and accompanying information has been provided the county superintendent of schools.

_________    _______________________    _________    _______________________

    Date                 Signature                      Date                  Signature

FILE: KA

A-V

RESPONSE FORM

CITIZENS APPEAL

(For Levels I, II, III)

_________COUNTY SCHOOLS

Appeal Level__________

Citizen's Name_______________________       Address_______________________

Citizen's Name_______________________       Address_______________________

*Copies of this response shall be provided all parties. When the decision is not in favor of the citizen(s), a copy of the appeal form for the next level will accompany this response.

FINDINGS: ___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

DECISION: ___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

                _________________________                     _________________________

                            Date                                                      Signature