Section III

WHAT SHOULD YOU DO IF YOU BELIEVE YOUR RIGHTS HAVE BEEN VIOLATED?

Los Lunas Schools is committed to providing faculty, staff and students with an environment where they may pursue their careers or studies free from discrimination. The cornerstone of this procedure is the School’s Non-Discrimination Policy, 7.1. Los Lunas Schools shall maintain a continuing affirmative action program to promote equal opportunity and to identify and eliminate discriminatory practices in every phase of school operations. Furthermore, affirmative action will be taken to ensure that opportunities afforded by the district are fully available to minorities, women, and persons with disabilities. The District will make every reasonable accommodation to enable students and employees with disabilities to undertake work or study for which they qualify.

As required by the Civil Rights Act of 1964, as amended, in particular Titles VI & VII, the Los Lunas Schools are committed to broad application of Executive Order 11246 Title IX of the Education Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. Students or employees should bring problems or questions regarding discrimination issues or procedures to the attention of a trusted staff or faculty member, supervisor, school administrator, site manager, district administrator or the Los Lunas Schools District Equity Officer, Brian Baca, Deputy Superintendent, PO Drawer 1300 Los Lunas, NM 87031or 505-865-9636. Students with disabilities may also contact the administrator of special services.

PARENT/STUDENT GRIEVANCE PROCEDURE

Complaints and Grievance. Los Lunas Board Policy 7.15

The primary purpose of this policy is to provide for the prompt and equitable resolution of parent/student complaints as close to the source of the complaint as possible. Therefore, parents/students should address the issue or complaint first at the level where the issue arose, i.e., the teacher, coach, etc. If there is no resolution, only then should the complaint proceed to the assistant principal, principal, advocate, assistant/deputy superintendent, and the superintendent. The final arbiter is the Board.

The following timeline should be followed:
1. The aggrieved parent or student shall have a right to be heard orally by the instructor who shall render a decision within three (3) school days.
2. If the parent or student is not satisfied, the grievance shall be presented in writing within three (3) school days to the principal or designee who shall render a decision in writing within three (3) school days.
3. If the parent or student is still not satisfied, he/she shall within three (3) school days appeal to the assistant superintendent or superintendent. The Grievance will be heard within three (3) school days and a response rendered within ten (10) school days.
4. The Superintendent of Schools shall be the final appeal authority on any such request for reconsideration under this Policy.
5. If determination of a grievance depends on the interpretation of a Board Policy or a provision or term used in a Board Policy, in that the parent or student is not satisfied with the Superintendent’s interpretation of the Board Policy, the Superintendent has to bring the matter of the interpretation to the Board of Education within ten (10) school days. The Board shall hear the grievance only as to the disputed interpretation of its policy within thirty (30) days and render a decision within one (1) calendar month.

STUDENT VICTIMS OF PHYSICAL VIOLENCE

Students that perpetrate an act of physical violence upon another student, staff person, teacher or administrator are subject to disciplinary action, up to, and including long term suspension from school or expulsion.

A. In some instances, students have been attacked by other students and have become involved in physical violence through no fault of their own. The policy generally followed by the school district has been that both individuals have been suspended from school because we have stated that “We do not have a policy about who starts a fight, we have a policy against fighting.” While this policy justly castigates both participants and does seem to change behavior both individually and collectively, on rare occasion’s students that become victims of physical violence situations have done everything in their power to avoid the conflict but are still drawn in through no fault of their own. “Victim” will be defined, for purposes of this regulation, as a student who has been injured by an action beyond his or her control.

B. Student victims may need additional protection and intervention to ensure that their rights and due process are safeguarded.
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