Steps for Special Education Staff Dispute Resolution (Non-Grievance Option) Guiding Principles Informal Process The Board encourages employees to discuss their concerns with their supervisor, principal, or other appropriate administrator who has the authority to address the concerns. Concerns should be expressed as soon as possible to allow early resolution at the lowest possible administrative level. Informal resolution shall be encouraged but shall not extend any deadlines in this policy, except by mutual written consent. District Special Education Organization Chart  Step 1: Immediate Supervisor Within 30 calendar days of the time that the employee knows, or should know, of an action or issue in dispute, the employee should advise his or her immediate supervisor. The employee may notify the supervisor verbally or in writing, but must advise the supervisor of the specific issue in dispute, the facts in support of the employee's position, and the remedy requested. The supervisor is responsible for addressing the employee's request and responding to the employee within five (5) working days from receipt of the first step request. Step 2: Supervisor's Supervisor (as applicable) ~ ex. Director of Special Education (refer to org chart above) If the Step 1 response is unsatisfactory, the employee may appeal the dispute resolution to their Supervisor's Supervisor within five (5) working days of receipt of the Step 1 response. The Step 2 appeal must state the specific issue in dispute, facts in support of the employee's position, the reasons the Step 1 response is unsatisfactory, and the remedy requested. Copies of the correspondence (or statement) related to Step 1 must be included. The Supervisor's Supervisor(as applicable) shall consider the facts and circumstances of the dispute and shall respond to the requested remedy within five (5) working days following receipt of the employee's appeal. Step 3: Executive Director of Special Education If the Step 2 response is unsatisfactory, the employee may appeal the dispute within five (5) working days of receipt of the Step 2 response. The Step 3 appeal must state the specific issue in dispute, the facts in support of the employee's position, the reasons why the Step 2 response is unsatisfactory, and the specific remedy requested. Copies of the correspondence (or statement) related to Step 2 must be included. The Executive Director shall consider the facts and circumstances of the dispute and shall respond to the requested remedy within ten (10) working days following receipt of the Step 3 appeal. Note: Throughout this process staff retain the right to file a formal grievance as outlined in: Spring ISD Grievance Process DGBA(LOCAL) - PERSONNEL-MANAGEMENT RELATIONS: EMPLOYEE COMPLAINTS/GRIEVANCES In this policy, the terms "complaint" and "grievance" shall have the same meaning. Employee complaints shall be filed in accordance with this policy, except as required by the policies listed below. Some of these policies require appeals to be submitted in accordance with DGBA after the relevant complaint process:
Direct Communication with Board Members Employees shall not be prohibited from communicating with a member of the Board regarding District operations except when communication between an employee and a Board member would be inappropriate because of a pending hearing or appeal related to the employee. Formal Process
Freedom from Retaliation Neither the Board nor any District employee shall unlawfully retaliate against an employee for bringing a concern or complaint. Whistleblower Complaints Whistleblower complaints shall be filed within the time specified by law and may be made to the Superintendent or designee beginning at Level Two, below. Time lines for the employee and the District set out in this policy may be shortened to allow the Board to make a final decision within 60 calendar days of the initiation of the complaint. [See DG] Complaints Against Supervisors Complaint forms alleging a violation of law by a supervisor may be submitted to the Superintendent or designee. Complaint forms alleging a violation of law by the Superintendent may be submitted directly to the Board or designee. General Provisions Filing Complaint forms and appeal notices may be filed by hand-delivery, fax, or U.S. Mail. Hand-delivered filings shall be timely filed if received by the appropriate administrator or designee by the close of business on the deadline. Fax filings shall be timely filed if they are received by the close of business on the deadline, as indicated by the date/time shown on the fax copy. Mail filings shall be timely filed if they are postmarked by U.S. Mail on or before the deadline and received by the appropriate administrator or designated representative no more than three days after the deadline. Scheduling Conferences The District shall make reasonable attempts to schedule conferences at a mutually agreeable time. If the employee fails to appear at a scheduled conference, the District may hold the conference and issue a decision in the employee's absence. Reasonable attempts to schedule a conference are defined as at least three attempts to contact the grievant with no response. The first two contact attempts may be by telephone. If there is no answer, a voicemail or message, when available, must be left. The voicemail or message must identify the caller's name, position, purpose for the call, and callback number. The telephone call must be documented, including the date and time of the call, whether a voicemail or message was left or the reason that no voicemail or message was left, and, where applicable, the identity of the person taking the message. The third contact attempt must be made via letter that is hand-delivered or sent via certified mail, return receipt requested. The first two attempts may also be made in this manner. Where the contact attempt was made by telephone, the administrator must allow at least three business days before making the next contact attempt. Where contact is made by letter, the administrator must allow at least three business days from the date of delivery before making the next contact attempt. These waiting periods apply for the purposes of counting the number of contact attempts and in no way limit an administrator's ability to make additional attempts to contact the grievant during the required waiting periods. Response At Levels One and Two, "response" shall mean a written communication to the employee from the appropriate administrator. Responses may be hand-delivered or sent by U.S. Mail to the employee's mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline. A response may be sent to the employee's e-mail address of record only if a copy is also hand-delivered or sent by U.S. Mail. Days "Days" shall mean District business days, unless otherwise noted. In calculating time lines under this policy, the day a document is filed is "day zero." The following business day is "day one." Representative "Representative" shall mean any person who or an organization that does not claim the right to strike and is designated by the employee to represent him or her in the complaint process. The employee may designate a representative through written notice to the District at any level of this process. The representative may participate in person or by telephone conference call. If the employee designates a representative with fewer than three days' notice to the District before a scheduled conference or hearing, the District may reschedule the conference or hearing to a later date, if desired, in order to include the District's counsel. The District may be represented by counsel at any level of the process. Consolidating Complaints When the Superintendent or designee determines that two or more complaints are sufficiently similar in nature and remedy sought to permit their resolution through one proceeding, he or she may consolidate the grievances. Decisions Announcing a decision in the employee's presence constitutes communication of the decision. A written response shall also be provided to the employee. Untimely Filings All time limits shall be strictly followed unless modified by mutual written consent. If a complaint form or appeal notice is not timely filed, the complaint may be dismissed, on written notice to the employee, at any point during the complaint process. The employee may appeal the dismissal by seeking review in writing within seven days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness. Costs Incurred Each party shall pay its own costs incurred in the course of the complaint. Complaint and Appeal Forms Complaints and appeals under this policy shall be submitted in writing on a form provided by the District. Copies of any documents that support the complaint should be attached to the complaint form. If the employee does not have copies of these documents, they may be presented at the Level One conference. After the Level One conference, no new documents may be submitted by the employee unless the employee did not know the documents existed before the Level One conference. A complaint or appeal form that is incomplete in any material aspect may be dismissed but may be refiled with all the required information if the refiling is within the designated time for filing. Audio Recording As provided by law, an employee shall be permitted to make an audio recording of a conference or hearing under this policy at which the substance of the employee's complaint is discussed. The employee shall notify all attendees present that an audio recording is taking place. Level One Complaint forms must be filed:
Level Two If the employee did not receive the relief requested at Level One or if the time for a response has expired, the employee may request a conference with the Superintendent or designee to appeal the Level One decision. The appeal notice must be filed in writing, on a form provided by the District, within seven days of the date of the written Level One response or, if no response was received, within seven days of the Level One response deadline. After receiving notice of the appeal, the Level One administrator shall prepare and forward a record of the Level One complaint to the Level Two administrator. The employee may request a copy of the Level One record. The Level One record shall include:
The Superintendent or designee shall schedule a conference within seven days after the appeal notice is filed. The conference shall be limited to the issues presented at Level One that are identified in the Level Two appeal notice. The Superintendent or designee may set reasonable time limits for the conference. The Superintendent or designee shall provide the employee a written response within seven days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the Superintendent or designee may consider the Level One record, information provided at the Level Two conference, and any other relevant documents or information the Superintendent or designee believes will help resolve the complaint. Recordings of the Level One and Level Two conferences, if any, shall be maintained with the Level One and Level Two records. Level Three
The Level Two record shall include:
The appeal shall be limited to the issues and documents considered at Level Two, except that if at the Level Three hearing the administration intends to rely on evidence not included in the Level Two record, the administration shall provide the employee notice of the nature of the evidence at least three days before the hearing. The District shall determine whether the complaint will be presented in open or closed meeting in accordance with the Texas Open Meetings Act and other applicable law. [See BE] The presiding officer may set reasonable time limits and guidelines for the presentation, including an opportunity for the employee and administration to each make a presentation and provide rebuttal and an opportunity for questioning by the Board. No formal evidentiary rules shall apply, and neither the administration nor the staff member has the right to cross-examine or to compel testimony from witnesses. The information presented is left to the discretion of the parties, subject to exclusion of irrelevant, repetitive, or unnecessary information by the Board. The Board shall hear the complaint and may request that the administration provide an explanation for the decisions at the preceding levels. In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of the Level Three presentation. The Level Three presentation, including the presentation by the employee or the employee's representative, any presentation from the administration, and questions from the Board with responses, shall be recorded by audio recording, video/audio recording, or court reporter. The Board shall then consider the complaint. It may give notice of its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting. |
  |
|