Grievance Procedures – Public Notification What’s the Difference?
Often when conducting civil rights compliance reviews of schools and BOCES, agencies confuse required grievance procedures with the public notification.
Title IX, Section 504 and Title II of the Americans with Disabilities Act require school districts and BOCES to notify the public of the policy of nondiscrimination. To meet these requirements, they must issue a public notification annually (annual notice), provide additional notices of nondiscrimination throughout the year (continuous notice).
The public notification must:
- Inform parents, employees, students and the public that vocational education programs are offered without regard to race, color, national origin, sex, or handicap;
- Provide the name, address and telephone number of the person(s) designated to coordinate activities concerning sex and handicap discrimination;
- Be included in the announcements, bulletins, catalogs, calendars, brochures, promotional materials, applications, etc., made available by the district/BOCES.
In addition, school districts and BOCES must adopt and disseminate grievance procedures for resolving complaints of sex (Title IX) and handicap (Section 504 and Title II of the ADA) discrimination.
A grievance procedure is a series of definite steps a student, parent or employee can follow if they believe they have been subject to discrimination. Federal law requires that such a procedure be developed and adopted by the school district/BOCES to deal with discrimination based on sex and handicapping condition. School districts and BOCES must disseminate the procedures to adequately inform students, parents and employees of the existence of these procedures and be readily available to students, parents and employees. The same procedures may be used to cover both areas.
Area of overlap:
The person(s) to whom a person would go to in order to discuss and/or file a grievance (Title IX and/or Section 504 compliance officer(s)) must be listed on the annual public notification.
In summary, the public notification lets people know a district dies not discriminate and gives the name of the person(s)