Minnesota Statute Section 121A.61 requires the School District to enact a districtwide school discipline policy that contains a discipline complaint procedure that students, parents and other guardians, and school staff may use to file a complaint and seek corrective action regarding the requirements of Minnesota Statutes Sections 121A.40 to 121A.61, including the implementation of the local behavior and discipline policies are not being implemented appropriately or are being discriminatively applied.
TJS urges that parties first attempt to resolve complaints with the Director before filing a formal complaint. If these attempts have been unsuccessful, a formal complaint may be filed using the Discipline Complaint Procedure Form.
A. The formal complaint process is as follows:
- Students, parents and other guardians, and school staff may file a complaint and seek corrective action regarding the requirements of Minnesota Statutes Sections 121A.40 to 121A.61, including the implementation of the local behavior and discipline policies are not being implemented appropriately or are being discriminatively applied.
- A reporting party or complainant shall email cwilliams@thejourneyschool.org to complete a Discipline Complaint Procedure Form
- The Discipline Complaint Procedure Form should be submitted within fourteen (14) calendar days of the start of the disciplinary action. Any complaint that is submitted beyond fourteen (14) calendar days will not be considered.
- Upon receipt, the Discipline Complaint Procedure Form will be sent to the administration where the student who is the subject of the complaint attends. The appropriate administration personnel will manage the investigation and any resulting record and will also be responsible for keeping and regulating access to any record.
- The investigation of the complaint must begin within three (3) school days of receipt.
- The investigation may be conducted by the appropriate administration personnel or designee or by a third party designated by the School District.
- The investigation will provide an opportunity for involved parties to submit additional information related to the complaint.
- The administration personnel or designee shall document its conclusion on the Form shall issue a written determination to the complainant that addresses each allegation and contains findings and conclusion.
- If the investigation finds that the requirements of Minnesota Statutes Sections 121A.40 to 121A.61, including any local policies that were not implemented appropriately, a corrective action plan will be developed to correct the student’s record and provide relevant staff with training, coaching, or other accountability practices to ensure appropriate compliance with policies in the future.
- The School District will respect the privacy of the complainant, the student, the individual against whom the complaint is made, and the witnesses as much as possible, consistent with the School District’s legal obligations to investigate, take appropriate action, and to reply to the complainant with a written determination.
- Reprisals or retaliation against any person who, in good faith, asserts, alleges, or reports a complaint is prohibited. Any individual found to have engaged in reprisal or retaliation against any person who, in good faith, asserts, alleges, or reports a complaint will be subject to discipline consistent with School District policies, procedures, and any applicable collective bargaining agreement.
- Knowingly false or meritless reports are prohibited. Any individual found to have submitted a knowingly false or meritless report will be subject to discipline consistent with School District policies, procedures, and any applicable collective bargaining agreement.
- This procedure shall be posted on the School District website and shall appear in the Rights and Responsibilities Handbook.