Federal Programs

Haywood County Schools Complaints & Grievances

Title IV

“It is the policy of the Haywood County Board of Education not to discriminate on the basis of handicap, race, color, national origin, sex, age or religion in ANY of the programs or practices in the school system. A complaint may be filed by anyone who has a grievance regarding discrimination as set forth in one of the following statutes: (1) The Rehabilitation Act of 1973. Section 504, (2) Title VI of the Civil Rights Act of 1964, or (3) Title IX of the Educational Amendments of 1972.”

“A complaint of discrimination on the basis of a handicap should be sent to the Haywood County Schools’ Coordinator of Section 504 within five (5) days of the date of the alleged discrimination. A complaint of discrimination on the basis of race, color, national origin, sex, age or religion should be sent to the Coordinator of Title VI and Title IX within 180 days of the alleged discrimination.” A complaint must be in writing on a form provided by the Haywood County Board of Education and must be signed.

Upon receipt of a written complaint, the appropriate Coordinator will provide copies to the Superintendent of Schools and the Principal of the school in which the alleged discriminatory act took place. The Coordinator will meet with the Complainant within (5) days of the complaint. Following this meeting a written response will be sent to the Superintendent and the Principal.

If this action does not resolve the complaint satisfactorily, the Complainant shall have the right to forward the original written complaint, along with the written response of the appropriate Coordinator and the Complainant’s reasons for dissatisfaction with that response, to the Principal of the school in which the alleged discriminatory act took place. This shall occur within five (5) days following the response of the appropriate Coordinator. Once a written complaint is received, the Principal will notify the Superintendent of Schools and the appropriate Coordinator and immediately arrange for a meeting to take place with the Complainant within five (5) days after the meeting. Copies of the response will be sent to the Superintendent and the appropriate Coordinator.

If at this time the complaint is still not resolved or the complaint is not dropped, the complainant may forward the original written complaint, along with the written responses of the appropriate Coordinator, Principal and the Complainant’s reasons for continued dissatisfaction with those responses to the Haywood County Board of Education within twenty (20) days following the response of the Principal. The written complaint shall be made through the Superintendent of Schools and the Chairperson of the Board of Education. The Board will review the complaint and render in writing the final decision of the Haywood County Schools within fifteen (15) days after the Board’s review.

In the procedure for resolving of complaints as set forth in this section, a complaint shall be considered settled if it is not carried forward to the next step within the specified time limits. These time limits may be extended by mutual agreement. During any step of the complaint procedure either party shall have the right to include in its representation such witnesses and counselors as deems necessary.

Where the number of days is specified in this section, it is understood that the term “day” shall mean any regularly scheduled school day Monday through Friday during the school year. After the last day of the school year, a “day” shall mean Monday through Friday excluding holidays and weekends. Day one for complaint time limits shall be the first day following the receipt of the complaint by the appropriate Coordinator.

Discrimination Is Illegal

TITLE VI

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving Federal financial assistance.

Complaints or grievances related to Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972 and may be reported directly to the Supervisor of Human Resources and/or the Chief Operations Officer Haywood County Department of Education; 900 East Main, Brownsville, TN 38012

(731-772 – 9613).
34 C.F.R. Part 100

TITLE IX

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in all programs or activities that receive Federal financial assistance.

34 C.F.R. Part 106

TITLE VI

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in all programs or activities that receive Federal financial assistance.

Complaints or grievances related to Section 504 of the Rehabilitation Act of 1973 may be reported directly to the Director of Career and Technical Education,

1175 E. College Street, Brownsville, TN 38012

(731-772-4221)
34 C.F.R. Part 104

TITLE II

Title II of the Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability by public entities.

28 C.F.R. Part 35

Inquiries regarding compliance with Title VI, Title IX, Section 504 and Title II should be directed to:

  1. Dorothy Bond – Federal Programs Dir.
    bondd1@k12tn.net
    900 East Main St
    Brownsville, TN 38012

OR

  1. Tennessee Department of Education
    Office for Civil Rights
    710 James Robertson Parkway
    Andrew Johnson Tower, 6th Floor
    Nashville, TN 37243
    Telephone: 615-741-2731
    Web: http://www.tennessee.gov/education/civilrights.shtml

OR

  1. Office for Civil Rights
    U.S. Department of Education
    61 Forsyth St. S.W., Suite 19T70
    Atlanta, GA 30303-3104
    Telephone: 404-562-6350; TDD: 404-331-7236
    Email:  OCR_Atlanta@ed.gov

Haywood County Schools Discrimination Complaint Form

Limited English Proficient Students Policy

The Board recognizes the need to provide equal educational opportunities for all students in the district. Therefore, if the inability to speak and understand the English language excludes a student from effective participation in the educational programs offered by the district, the district shall take appropriate action to rectify the English language deficiency in order to provide the student equal access to its programs. Students in a language minority (LM) or who have limited English proficiency (LEP) will be identified, assessed and provided appropriate services. No child will be admitted to or excluded from any program based solely on surname or LM status.

DEFINITIONS

Immigrant and LEP Definitions

Federal Definition of an Immigrant Student
  
The term “immigrant children and youth,” which is defined in section 3301(6) of Title III, refers to individuals who: (A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States for more than 3 full academic years.

Federal Definition of an Limited English Proficient Student

The term ‘limited English proficient’, when used with respect to an individual, means an individual—

(A) who is aged 3 through 21;

(B) who is enrolled or preparing to enroll in an elementary school or secondary school;

(C) (i) who was not born in the United States or whose native language is a language other than English;
 (ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
 (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or
 (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual —
  (i) the ability to meet the State’s proficient level of achievement on State assessments described in section 1111(b)(3);
 (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
 (iii) the opportunity to participate fully in society. TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT STUDENTS

Federal Definition of a MIGRATORY CHILD

The term migratory child’ means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work —

(A) has moved from one school district to another;

(B) in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or

(C) resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity.

Haywood County Schools

Plan for Hiring Teachers working with English Learners

All teachers of any language instruction program for English Learners (ELs) need to be fluent and competent in the four domains of language assessed by the English Language Proficiency Assessment:  reading, writing, speaking and listening.  If personnel has been previously hired without these skills, the district needs to offer help to build the needed fluency.

A teacher’s fluency in listening and speaking could be documented and evaluated during the interview process.  Perhaps one person in the interview could be responsible for noting listening mistakes, miscues, grammar and syntax mistakes, and judge the level of fluency for both speech and listening.

Reading may be evaluated through the reading and responses that show understanding of the application process.  Reading may be satisfied through the college transcript if from an English speaking university.  The district may also use a shelf reading comprehension assessment.

Writing fluency is more difficult to ensure.  Unless the application requires a writing sample, the district might encourage a 15 to 20 minutes writing sample during the teacher interview.  Ideally the topic will vary.  This sample is best done on site so that the interviewee will have no outside editing.

The exact requirement from the No Child Left Behind Act of 2001 is “TEACHER ENGLISH FLUENCY – Each eligible entity receiving a subgrant under section 3114 shall include in its plan a certification that all teacher in any language instruction educational program for limited English proficient child that is, or will be, funded under this are fluent in English and any other language used for instruction, including having written and oral communications skills.” [3116 (c)]

Parent and Family Involvement Policy

GENERAL EXPECTATIONS FOR ALL SCHOOLS

The school district shall be governed by the statutory definition of parent involvement as cited in the Elementary and Secondary Education Act (ESEA), and shall carry out programs, activities and procedures in accordance with this definition.

The Board shall implement the following as required by federal and state legislation:

  • The school district will put into operation activities and procedures for the involvement of parents in all of its schools. Those programs, activities and procedures will be planned and operated with meaningful consultation with parents.
  • The school district shall incorporate activities and strategies that support this districtwide family and community engagement policy into its Tennessee Comprehensive Systemwide Planning Process (TCSPP).
  • The TCSPP shall include procedures by which parents may learn about the course of study for their children and have access to all learning materials.
  • The TCSPP shall include strategies for parent participation in the district’s schools which are designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline.
  • The TCSPP shall identify opportunities for parents to participate in and support classroom instruction in the school. Such opportunities include, but are not limited to organizing fundraising activities, volunteering as a field trip chaperone, assisting in the library, computer lab, or on the playground, offering after-school clubs, and recycling clothes.
  • If the school district’s TCSPP is not satisfactory to the parents, the school district shall submit any parent comments with the plan when the school district submits the plan to the State Department of Education.
  • To the extent practicable, the school district and its schools shall provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, and parents of migratory children, including providing information and school reports in an understandable and uniform format and including alternative formats upon request, and, to the extent practicable, in a language parents understand.
  • The school district shall appoint a Family and Community Advisory Council that will annually assess, through consultation with parents, the effectiveness of the Family and Community Engagement Program and determine what action needs to be taken, if any, to increase parental and community participation. In order to accomplish this, each advisory council shall be composed of representatives from parents of students in elementary, middle and high schools, community business leaders, a member of the school board, and representatives from the school district.
  • Every school district shall ensure Title I schools are in compliance with the No Child Left Behind
  • District level parent involvement plan
  • Parent Involvement

It is the responsibility of the Haywood County Board of Education, including the Superintendent, Deputy Superintendent, and each Administrator to promote compliance with Title VI of the Civil Rights Act of 1964. Compliance will be monitored through proactive oversight, reports to the ODOT Title VI Coordinator and/or compliance reviews.

If deficiencies are found during a compliance review, they will be pointed out to the appropriate Title VI manager or designee, and recommendations for corrective action will be established. A follow-up review will be made to ensure that deficiencies are being corrected. All findings, recommendations, and progress made in implementing corrective action will be reported to the Civil Rights Division.