Definitions

A "complaint" is a claim based upon an event or condition causing dissatisfaction and disagreement between or among the parties involved.

The "complainant" is the person(s) who make the claim.

Purpose

The purpose of this policy is to secure, at the lowest possible administrative level, equitable solutions to complaints which may arise.

Procedure

Informal complaints are to be resolved at the lowest administrative level. The complainant and other person(s) involved shall resolve issues of concern via personal meeting or other appropriate communication. After the immediate parties have attempted and failed to resolve the issues, the principal, or immediate supervisor, shall coordinate and mediate the processes necessary for satisfactory resolution of the complaint. Upon receipt of an informal complaint, the principal or immediate supervisor shall initiate action to resolve the issue within five (5) working days.

Formal complaints are to be made in writing when the complainant is not satisfied with the disposition of the issue through the informal complaint process. The complainant may, within ten (10) working days after the informal complaint decision has been rendered, file the complaint in writing, with any member of the Academy Board of Directors.

Within ten (10) working days after receipt of the formal written complaint, the CAO, or other designate officer of the Board will meet with the complainant in an effort to resolve the issue.

In the event the complaint is not resolved, the complainant may request a hearing before the Board of Directors. The Board shall review the complaint at the next scheduled Board meeting after receipt of the request.

The Board's decision shall be final and shall be made within ten (10) working days of the hearing.

Individuals with Disabilities Education Act ("IDEA") Complaint Procedure

Purpose. The primary purpose of this section of the Academy's complaint policy is to ensure the Academy's compliance with IDEA. Gateway Preparatory Academy recognizes that students with disabilities, who attend the Academy, and their parents/guardians, retain all rights under Part B of IDEA, §53A-15-301 through 53A-15-305 Utah Code Ann., and other applicable regulations.

Gateway Preparatory Academy's IDEA Policy. The Academy recognizes the importance of adhering to the necessary and proper procedures of resolving complaints that allege violations of Part B of IDEA, State Rules, or other applicable laws protecting disabled individuals. Due to the complexity and importance of these procedural safeguards, the Academy has determined to adopt the procedures endorsed by the Utah Board of Education in their handbook entitled Special Education Rules, IV.G. COMPLAINT PROCEDURES. As part of the Academy's Complaint procedure, the Academy has established procedures to allow parties the opportunity to resolve disputes through a mediation process that is available whenever a due process hearing or an expedited due process hearing is requested. These procedures are outlined in the Special Education Rules handbook IV.J. MEDIATION. In the event that the Academy's policy does not comply with Part B of the IDEA, State Rules, or other rules protecting the rights of students with disabilities, the Academy will adopt a policy that ensures compliance with the aforementioned laws and regulations.

Compliance. If the application of any requirement of the Academy's complaint policy to a student with a disability is not permissible, or becomes impermissible, under IDEA or State Law, the Academy shall implement other actions consistent with the conflicting law or regulation which shall most closely correspond to the requirements of this policy.