Chapter 3
How to Obtain & Review Complaint and Disciplinary Procedures
Overview:
Every K–12 public school district maintains written policies on how complaints and disciplinary matters are handled for both students and teachers. These procedures dictate how concerns are raised, investigated, and resolved. As a parent, understanding these policies empowers you to protect your child’s rights, ensure fair treatment, and hold schools accountable.
Legal Framework:
Federal laws like Title VI of the Civil Rights Act, Title IX, the Family Educational Rights and Privacy Act (FERPA), and the Individuals with Disabilities Education Act (IDEA), along with state-specific regulations, mandate that all public K–12 school districts that receive federal funds develop and maintain written policies on handling complaints, student discipline, teacher misconduct, and related matters. These policies ensure due process, nondiscrimination, and transparency, covering everything from bullying and harassment to suspensions, expulsions, and teacher evaluations.
Most states have education codes that require districts to publish disciplinary procedures, due process protections, and complaint mechanisms. Additionally, school boards adopt policies (often labeled as “policy manuals” or “student handbooks”) that detail complaint filing, timelines, appeals, and disciplinary consequences.
Additionally, under the Every Student Succeeds Act (ESSA), districts with Title I schools must involve parents in developing school improvement plans, which often include disciplinary and complaint procedures to address equity issues. Parents can request participation in these planning processes to influence fair treatment policies.
What to ask for (at the district level):
Complaint Procedures (including how to report issues involving staff, teachers, or administrators).
Student Discipline Code (rules, infractions, and penalties).
Student Handbook, Parent Handbook.
Employee Discipline and Grievance Policies (teacher conduct, staff discipline, and appeal processes).
Anti-Discrimination/Harassment Policies (including Title VI, Title IX, Section 504 procedures).
Board Policies/Regulations related to complaints and disciplinary hearings.
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Start with the official school district site (e.g., search for "[Your District Name] Public Schools"). Look under sections like “Policies,” “Board Policies,” “Student Handbook,” or “Parent Resources.” Discipline and complaint procedures are often in a “Code of Conduct” or “Board Policy Manual.” For example, policies on student discipline must comply with state laws and are typically posted online for easy access.
Review the Student or Parent Handbook. These are generally distributed at the start of the school year (physically or digitally) and outline specific rules for complaints, investigations, appeals, and resolutions. If you don't have a copy, request one from your child's school office or download it from the district site
Ask the principal, school district superintendent, and Title IX coordinator for copies of the “student code of conduct,” “complaint procedures,” and student and parent handbooks.
In most states, complaint and disciplinary procedures are public records. If the school or school district don’t provide you with these policies, you can submit a public records request (sometimes called a Freedom of Information Act or FOIA request at the state level).
What to look for:
Clarity of Process: Is there a clear procedure for complaints against teachers or administrators, or for incidents that occur at school? Are there forms that must be completed?
Discipline Standards: Are there clear definitions of infractions (e.g., bullying, harassment)? Are there clear consequences for violations (e.g., zero-tolerance for some issues, restorative practices, removal from school)?
Timelines: How long does the school have to respond to a complaint? What are appeal deadlines?)
Due Process: Do students/parents get notice and a chance to be heard before discipline is imposed? Is there an opportunity to review evidence?
Appeals: Can decisions be appealed to the Superintendent or School Board?
Are anti-retaliation protections included for students/parents who file complaints?
What to do if your request is denied:
Keep written records of your requests and any responses.
Appeal to the Superintendent and the school board. Reference state public records statutes and federal laws requiring grievance procedures.
Contact your state’s Department of Education. Most state education agencies oversee compliance and can intervene.
File a complaint with the federal government. If the issue involves discrimination or harassment, you may file directly with the U.S. Department of Education’s Office for Civil Rights (OCR).
