Complaints and Grievances

These pages on our website are designed to help you understand your rights in bringing a complaint or grievance and the procedures associated therewith. THESE PAGES ARE NOT A SUBSTITUTE FOR LEGAL ADVICE. The Boerne ISD cannot give you any legal advice. However, these pages do constitute legal notice to parents, students and the general public of the procedures that must be followed. Failure to follow these procedures and the time limits imposed can result in a dismissal of your complaint(s) or grievance(s). Addressed below is information pertaining to complaints and grievances brought by parents and students and complaints and grievances brought by the general public.

As you read these pages, please keep in mind the following Texas laws:

  1. A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee's position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students. This immunity does not apply to the operation, use, or maintenance of any motor vehicle operated by the school district. Texas Education Code, Section 22.0511
  2. A volunteer who is serving as a direct service volunteer of a school district is immune from civil liability to the same extent as a professional employee of a school district under Section 22.0511.
  3. A person may not file suit against a professional employee of a school district unless the person has exhausted the remedies provided by the school district for resolving the complaint. Texas Education Code, Section 22.0514
  4. In an action against a professional employee of a school district involving an act that is incidental to or within the scope of duties of the employee's position of employment and brought against the employee in the employee's individual capacity, the employee is entitled to recover attorney's fees and court costs from the plaintiff if the employee is found immune from liability under this law. Texas Education Code, Section 22.0517
  5. In a civil suit brought under state law, against an independent school district or an officer of an independent school district acting under color of office, the court may award costs and attorney's fees if the court finds that the suit is frivolous, unreasonable, and without foundation; and, the suit is dismissed or judgment is for the defendant. Texas Education Code, Section 11.161

Complaints and Grievances by Parents/Students

All complaints and grievances are governed by law and Board policy. The two Board policies that apply to parent/student complaints or grievances are FNG (Legal) and FNG (Local). A link to these policies appears below. You are instructed to read these policies carefully.

For your general information, there is no requirement that the Board of Trustees negotiate or even respond to complaints. The Board encourages students and parents to discuss their concerns and complaints through informal conferences with the appropriate teacher, principal, or other campus administrator. Policies FNG (Legal) and FNG (Local) make reference to formal written complaint forms. The complaint and appeal forms appear below under the designation "FORMS". The complaint or grievance must be drafted in such a manner so as to give fair notice of the nature of the complaint. Complaints arising out of an event or a series of related events shall be addressed in one complaint. A student or parent shall not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint. A student or parent may not add additional items to the original complaint because of their dissatisfaction with the Level I or Level II administrator response. Only the original written complaint form and the resolution requested thereon shall be addressed at each level of the proceeding. IF A WRITTEN COMPLAINT OR APPEAL NOTICE IS NOT TIMELY FILED, THE COMPLAINT MAY BE DISMISSED, ON WRITTEN NOTICE TO THE STUDENT OR PARENT, AT ANY POINT DURING THE COMPLAINT PROCESS. Each party shall pay its own costs incurred in the course of the complaint.

An examination or course grade issued by a classroom teacher is final and may not be changed unless the grade is arbitrary, erroneous, or not consistent with the District's grading policy applicable to the grade, as determined by the Board.

The formal complaint process involves three levels beginning with level one. The levels and the procedures associated therewith are set forth in Board Policy FNG (Local). COMPLAINTS OR GRIEVANCES MUST BE FILED WITH THE LOWEST LEVEL ADMINISTRATOR WHO HAS THE AUTHORITY TO REMEDY THE ALLEGED PROBLEM WITHIN 15 DAYS OF THE DATE THE STUDENT OR PARENT FIRST KNEW, OR WITH REASONABLE DILIGENCE SHOULD HAVE KNOWN, OF THE DECISION OR ACTION GIVING RISE TO THE COMPLAINT OR GRIEVANCE.

For information on how to proceed with specific complaints regarding the following, please click on the links associated with the specific policies referenced below:

1. Alleged discrimination, see policy FB.
2. Removal to a disciplinary alternative education program, see policy FOC.
3. Expulsion, see policy FOD and the Student Code of Conduct.
4. Identification, evaluation, or educational placement of a student with a disability within the scope of Section 504, see policy FB.
5. Identification, evaluation, educational placement, or discipline of a student with a disability within the scope of the Individuals with Disabilities Education Act, see policy EHBA, FOF, and the parents' rights handbook provided to parents of all students referred to special education.
6. Instructional materials, see policy EFA.
7. On-campus distribution of nonschool materials, see policy FNAA.
8. A commissioned peace officer who is an employee of the District, see policy CKE.

Complaints and Grievances by the General Public

All complaints and grievances are governed by law and Board policy. The two Board policies that apply to complaints and grievances brought by general public are GF (Legal) and GF (Local). A link to these policies appear below. You are instructed to read these policies carefully.

For your general information, there is no requirement that the Board of Trustees negotiate or even respond to complaints. The Board encourages the public to discuss concerns and complaints through informal conferences with the appropriate administrator. Policies GF (Legal) and GF (Local) make reference to formal written complaint forms. The complaint and appeal forms appear below under the designation "FORMS". The complaint or grievance must be drafted in such a manner so as to give fair notice of the nature of the complaint. Complaints arising out of a series of related events shall be addressed in one complaint. An individual shall not bring separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint. A member of the general public may not add additional items to the original complaint because of their dissatisfaction with the Level I or Level II administrator response. Only the original written complaint form and the resolution requested thereon shall be addressed at each level of the proceeding. IF A WRITTEN COMPLAINT OR APPEAL NOTICE IS NOT TIMELY FILED, THE COMPLAINT MAY BE DISMISSED, ON WRITTEN NOTICE TO THE IDIVIDUAL, AT ANY POINT DURING THE COMPLAINT PROCESS. Each party shall pay its own costs incurred in the course of the complaint.

The formal complaint process involves three levels beginning with level one. The levels and the procedures associated therewith are set forth in Board Policy GF (Local). COMPLAINTS OR GRIEVANCES MUST BE FILED WITH THE LOWEST LEVEL ADMINISTRATOR WHO HAS THE AUTHORITY TO REMEDY THE ALLEGED PROBLEM WITHIN 15 DAYS OF THE DATE THE INDIVIDUAL FIRST KNEW, OR WITH REASONABLE DILIGENCE SHOULD HAVE KNOWN, OF THE DECISION OR ACTION GIVING RISE TO THE COMLAINT OR GRIEVANCE.

For more information on how to proceed with specific complaints regarding the following, please click on the links associated with the specific policies referenced below:

  1. Alleged discrimination, see policy GA.
    2. Instructional materials, see policy EFA.
    3. On-campus distribution of nonschool materials, see policy GKDA.
    4. A commissioned peace officer who is an employee of the District, see policy CKE.

FORMS:

Student/Parent/General Public Complaint Form - Level I

Level II Appeal Notice

Level III Appeal Notice

BOARD POLICIES:

CKE

EFA (Legal)

EFA (Local)

EHBA

FB (Legal)

FB (Local)

FNAA (Legal)

FNAA (Local)

FNG (Legal)

FNG (Local)

FOC

FOF

GA

GF (Local)

GF (Legal)

GKDA

POSTED: November 2, 2005

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