Section 9.04. Complaint procedure.

  Each board shall:

(1)  Designate an employee of the school district to receive complaints regarding discrimination under s. 118.13 , Stats., and this chapter.

(2)  Establish a procedure for receiving and resolving complaints from residents of the school district or aggrieved persons under s. 118.13 , Stats., and this chapter, including a provision for written acknowledgement within 45 days of receipt of a written complaint and a determination of the complaint within 90 days of receipt of the written complaint unless the parties agree to an extension of time; except that:

(a) Appeals under 20 USC 1415 and ch. 115 , Stats. , relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education of a child with an exceptional educational need shall be resolved through the procedures authorized by ch. 115 , subch. V, Stats.

(b) Complaints under 20 USC 1231e-3 and 34 CFR 76.780 - 76.782 , commonly referred to as EDGAR complaints, that the state or a subgrantee is violating a federal statute or regulation that applies to a program shall be referred directly to the state superintendent.

(3)  Notify a complainant of the right to appeal a negative determination by the school board to the state superintendent and of the procedures for making the appeal.

History: Cr. Register, October, 1986, No. 370 . eff. 11-1-86.