Public Complaints Curriculum or Instructional Resources: KEC-R

A challenge to the use of a learning resource must originate in the school where the learning resource is being used. A challenge may filed by a citizen of the Brighton School District, a student in the District, a parent or guardian of a District student, or a District employee. Learning resources include materials in any format including electronically transmitted or broadcast resources and human resources such as speakers or presenters used in the District. When a challenge is received regarding any learning resource, the disposition of the case will be made within a reasonable period of time. Any resource that has been previously approved by the Superintendent shall remain in use until a final decision has been reached in the challenge process and may be removed only to provide a copy to review. Until a final decision has been reached in a challenge to a resource that has not been previously approved by the Superintendent, the principal shall decide whether the resource shall remain in use. Challenges will be responded to at the school level first and the following procedures shall be followed:

THE SCHOOL PROCESS

Any school personnel who receives a challenge or complaint regarding any learning resource shall refer the complainant to the principal.

The principal shall contact the Chief Academic Officer in order to determine whether the resource has been formally challenged before, and if so, determine the resulting decision. If a decision is on file and the challenge is the same, the principal will share that decision with the complainant. If any significant difference is found in the new challenge, or if the learning resource has not been challenged before, the principal will hold a conference with the complainant.

The conference shall include the principal, the complainant, and the teacher or other staff member responsible for using the learning resource. Prior to the conference, the principal shall determine whether the learning resource is on any District approved list, and may request professional reviews from the library staff or others and shall share these reviews with the complainant at the conference.

At the conference, the principal shall gather information regarding the selection and use of the resource. After the conference, the principal will issue a report documenting the participants in the conference, summarizing the information presented and rendering a decision in writing. The principal may decide to retain the current use of the resource, recommend withdrawal of the resource, or require an alternative learning resource for the complainant’s child. Copies of the principal’s report shall be forwarded to all participants in the conference and will be kept on file at the school.

The principal will inform the parties involved of the District regulations and procedures and, if requested, will provide a copy of the form, “Citizen’s Request for Reconsideration of Learning Resources.” Upon receipt of the appropriate completed form, the principal will forward the form, with the written report of the conference, to the Chief Academic Officer, the teacher or staff member involved, and the school file.

THE DISTRICT PROCESS

The Chief Academic Officer will review the complaint to determine whether it is sufficiently complete to allow an appropriate review. If the complaint is not sufficiently complete, it shall be returned to the complainant for more information. If the complaint is sufficient for review, the assistant superintendent shall schedule a meeting of the challenge review committee.

For each challenge, the Chief Academic Officer shall, with input from the school principal, appoint a challenge review committee. In addition to the assistant superintendent, who shall chair the committee, the committee shall be composed of an equal number of teachers, administrators and parents or community members who represent the instructional level (elementary, middle or high school) from which the challenge originated.

The chairperson shall plan, set the agenda, and conduct the challenge review hearing, and write the committee’s recommendation to the superintendent, or appoint a designee to write the recommendation. Committee members shall attend all meetings, including any planning meetings, and review background information including the challenged resource prior to the hearing.

Oral or written testimony may be submitted at the hearing by the complainant, the teacher or other staff member involved, the principal and other persons so requested by the assistant superintendent. Committee members may ask questions of persons providing testimony.

The hearing shall be tape recorded and the recording shall be available to review testimony as the committee deliberates its recommendation. A copy of the tape shall be kept on file at least until the end of the appeal process.

After the hearing, the committee shall deliberate and render a recommendation based upon its review of the learning resource, the principal’s report, the formal challenge, the testimony, and other pertinent materials presented to the committee. If unanimity is not achieved, majority vote shall control. In the event of a tie, the vote of the assistant superintendent shall control. A minority report may be submitted as an addendum to the committee’s recommendation to the superintendent.

THE SUPERINTENDENT’S DECISION

The superintendent will review the committee’s report and recommendation. The superintendent shall then make an administrative decision which shall be submitted to the committee, the affected staff members, and the complainant. All administrative decisions shall be kept on file in the District.

APPEAL TO THE BOARD of EDUCATION

The superintendent’s decision may be appealed to the Board of Education by the complainant, any Brighton School District citizen, any District student, a parent or guardian of a District student, or a District employee.

An appeal must be made in writing to the Board of Education and received by the secretary to the board within ten (10) calendar days of the superintendent’s decision.

The Board of Education will place the appeal on the agenda of the next regularly scheduled meeting as an information item. After reviewing the record, hearing from the appellant, and other interested parties, the board members will take the matter under consideration and render a decision at the next regularly scheduled board meeting.

The Board’s decision shall be final.

Adopted October 14, 1975

Revised 1978

Revised December 16, 1997

Revised February 13, 2014

 

CROSS REFS.: IJ, Instructional Materials

IJJ, Selection and Adoption of Textbooks

IJL, Selection and Adoption of Library Materials

CONTRACT REF.: BEA Master Agreement