- (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.
(Eff. 10/31/82, Register 84; am 6/4/93, Register 126)