Lexington Public Schools does not discriminate in admission to, access to, treatment in, or employment in its services, programs
and activities, on the basis of race, color or national origin, in
accordance with Title VI of the Civil Rights Act of 1964 (Title
VI); on the basis of sex, in accordance with Title IX of the
Education Amendments of 1972; on the basis of disability, in
accordance with Section 504 of the Rehabilitation Act of 1973
(Section 504) and Title II of the Americans with Disabilities Act
of 1990 (ADA); or on the basis of age, in accordance with the Age
Discrimination Act of 1974 (Age Discrimination Act), or on the
basis of sexual orientation or religion in accordance with Mass.
Gen. Laws chs. 71 and 151B.
I. WHERE TO FILE A COMPLAINT
Any student or employee who believes
that the Lexington Public Schools has discriminated against or
harassed her/him because of her/his race, color, national origin,
sex, disability, sexual orientation, or age in admission to, access to, treatment in,
or employment in its services, programs, and activities may file a
complaint with the Assistant Superintendent of Human Resources. If the Assistant Superintendent of Human Resources is the person who is alleged to have caused the discrimination or harassment, the complaint may be filed with the Assistant Superintendent of Business and Finance, or the Deputy Superintendent. These individuals are listed below and are hereinafter referred to as "Grievance Administrators."
Robert J. Harris
Assistant Superintendent of Human
Resources
telephone (781) 861-2580
Mary Ellen Dunn
Assistant Superintendent for Finance and
Operations
telephone (781) 861-2580
Lynne Celli Sarasin, Ph D.,
Deputy Superintendent for Curriculum, Instruction and Professional Development
telephone (781) 861-2580
Lexington Public Schools
146 Maple Street
Lexington, Massachusetts 02420
COMPLAINTS OF HARASSMENT BY PEERS: In the event the
complaint consists of a student’s allegation that another
student is harassing him/her based upon the above-referenced
classifications, the student may, in the alternative, file the
complaint with one of the complaint managers who have been
designated in each school (hereinafter referred to as "Building
Complaint "). The name of the Building Complaint Manager(s) is
generally posted on the bulletin board in each school and may, in
any event, be obtained from the office of the building
principal.
COMPLAINTS OR OR CONCERNS ABOUT WHETHER THE DISTRICT IS FOLLOWING SPECIAL EDUCATION REQUIREMENTS:
A person who alleges discrimination on the basis of disability relative to the identification, evaluation or educational placement of a student who, because of an identified disability or suspected disability, is believed to need specialized instruction or related services pursuant to Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Individuals with Disabilities Education Act of 2004 and/or Massachusetts Special Education Laws and Regulations is encouraged to attempt to resolve the matter with local school district officials, in accordance with the procedures outlined in Sections II - IV. If they prefer, or are not satisfied with the local Grievance Procedure outcome, they may contact the Massachusetts Department of Education at:
Program Quality Assurance Services
Problem Resolution System
Massachusetts Department of Education
350 Main Street
Malden, MA 02148
Tel: 781-338-3700
A copy of the Massachusetts Department of Education's Parents' Rights Brochure, which provides information about the complaint resolution process, is available from:
Linda Chase, Director of Student Services, K-12
Student Services Office, School Administrative Building
146 Maple Street
Lexington, Massachusetts 02420
Tel: 781-891-2580
A person with a complaint involving discrimination on the basis of a disability, not related to special education identification, evaluation or educational placement, may either use the Grievance Procedure as described or may file a complaint with the United States Department of Education at the address provided at the end of the Grievance Procedure
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II. CONTENTS OF COMPLAINTS AND TIME
LINES FOR FILING
Complaints under this Grievance
Procedure must be filed within 30 school days of the alleged
discrimination. The complaint must be in writing. The Grievance
Administrator, Building Complaint Manager, or any person of the
grievant’s choosing may assist the grievant with filing the
complaint. The written complaint must include the following
information:
- The name and school (or address and telephone number if not a student or employee) of the grievant.
- The name (and address and telephone number if not a student or employee) of the grievant’s representative, if any.
- The name of the person(s) alleged to have caused the discrimination or harassment (respondent).
- A description, in as much detail as possible, of the alleged discrimination or harassment.
- The date(s) of the alleged discrimination or harassment.
- The name of all persons who have knowledge about the alleged discrimination or harassment (witnesses), as can be reasonably determined.
- A description,in as much detail as possible, of how the grievant wants the complaint to be resolved.
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III. INVESTIGATION AND RESOLUTION OF
THE COMPLAINT
Respondents will be informed of the charges as soon as the
Grievance Administrator or Building Complaint Manager deems
appropriate based upon the nature of the allegations, the
investigation required, and the action contemplated.
The Grievance Administrator or Building Complaint Manager will
interview witnesses whom s/he deems necessary and appropriate to
determine the facts relevant to the complaint, and will gather
other relevant information. Such interviews and gathering of
information will be completed within fifteen (15)school days of
receiving the complaint.
Within twenty (20) school days of receiving the complaint, the
Grievance Administrator or Building Complaint Manager will meet the
grievant and/or her/his representative to review the information
gathered and, if applicable, to propose a resolution designed to
stop the discrimination or harassment and to correct its effect.
Within ten (10) school days of the meeting with the grievant and/or
representative, the Grievance Administrator or Building Complaint
Manager will provide written disposition of the complaint to the
grievant and/or representative and to the respondent(s).
Notwithstanding the above, it is understood that in the event a
resolution contemplated by the Lexington Public Schools involves
disciplinary action against an employee or a student, the
complainant will not be informed of such disciplinary action unless
it directly involves the complainant (i.e., a directive to "stay
away" from the complainant, as might occur as a result of a
complaint or harassment.)
Any disciplinary action imposed upon an
employee or student is subject to applicable procedural
requirements.
All the time lines specified above will be implemented as
specified, unless the nature of the investigation or exigent
circumstances prevent such implementation, in which case, the
matter will be completed as quickly as practicable. If the
timelines specified above are not met, the reason(s) for not
meeting them must be clearly documented. In addition, it should be
noted that in the event the respondent is subject to a collective
bargaining agreement which sets forth a specific time line for
notice and/or investigation of a complaint, such time lines will be
followed.
Confidentiality of grievants/respondents
and witnesses will be maintained, to the extent consistent with the
Lexington Public Schools’ obligations relating to
investigation of complaints and the due process rights of
individuals affected.
Retaliation against someone because
he/she has filed a complaint under this Grievance Procedure is
strictly prohibited. Acts of retaliation may result in disciplinary
action, up to and including suspension or expulsion/discharge.
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IV. APPEALS
If the grievant is not satisfied with a disposition by a Building Complaint Manager, the grievant/representative may appeal the disposition to one of the
Grievance Administrators, identified in Section I above. If the grievant is not satisfied with a disposition by a Grievance Administrator, the grievant may appeal to the Interim Superintendent, as follows:
Paul B. Ash, Ph D., Superintendent
telephone (781) 861-2580
Lexington Public Schools
146 Maple Street
Lexington,
Massachusetts 02420
The Grievance Administrator/Superintendent will issue a written
response on the appeal to the grievant within ten (10) school days
of receiving the appeal.
Generally, a grievant may file a complaint with the U.S.
Department of Education, Office for Civil Rights, JW McCormack
POCH, Boston, Massachusetts 02109-4557, telephone (617)223-9662,
TTY (617)223-9695 as follows:
- within 180 calendar days of alleged discrimination or harassment, or
- within 60 calendar days of receiving notice of Lexington Public School’s final disposition on a complaint filed through Lexington Public Schools, or
- within 60 calendar days of receiving a final decision by the Massachusetts Department of Education, Bureau of Special Education Appeals, or
- instead of filing a complaint within Lexington Public Schools.
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