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(a) Each school district shall adopt and make available to the public a grievance procedure through which violations of AS 14.18 or 4 AAC 06.500 - 4 AAC 06.600 may be remedied. The grievance procedure must be posted in a public place in each school operated by that district. The district shall make copies available upon request.
(b) A district grievance procedure adopted under (a) of this section must
(1) provide for a hearing before the governing body of the district;
(2) require that the hearing be held on the record; and
(3) require that a final decision be issued within 60 days after the filing of the grievance.
(c) If, after exhausting the procedures established under (a) of this section, an aggrieved person believes that a violation has not been remedied, that person may file a complaint with the commissioner on a form prescribed by the department. The complaint must be filed within 180 days of the alleged violation.
(d) Upon receipt of a complaint received under (c) of this section, the commissioner or the commissioner's designee shall conduct an investigation of the complaint. If, after conducting the investigation, the commissioner determines that a violation has occurred and the violation justifies action against the school district, the commissioner shall file an accusation with the state board.
(e) Upon receipt of an accusation, the chair of the state board will request the appointment of a hearing officer sitting alone to hear the case.
(f) A hearing under (e) of this section will be conducted by the hearing officer in accordance with the procedures in AS 44.62.330 - 44.62.640.
(g) The state board will accept or reject the hearing officer's proposed decision no later than the first regularly scheduled meeting after the hearing officer has rendered the proposed decision.
(h) Nothing in this section precludes a school district and complainant from settling a complaint before holding a hearing before the governing body of the district under (b)(1) of this section.
History: Eff. 10/31/82, Register 84; am 6/4/93, Register 126
Authority: AS 14.18.010
Editor's note: The forms mentioned in 4 AAC 06.560(c) may be obtained by writing to the Department of Education and Early Development, 801 West Tenth St., Suite 200, Juneau, AK 99801-1894.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Education to the Department of Education and Early Development made by ch. 58, SLA 1999, and the corresponding title change of the commissioner of education.
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Last modified 7/05/2006