Grapevine-Colleyville ISO 

220906 

PUBLIC COMPLAINTS GF 

(LEGAL) 

United States A district shall take no action abridging the freedom of speech or 

Constitution the right of the people to petition the board for redress of grievances. U.S. Const. Amend. I, XIV 

Texas Constitution 

Response to 

Complaints 

Federal Laws 

Section 504 

Americans with 

Disabilities Act 

Closed Meeting 

Record of 

Proceedings 

A board may confine its meetings to specified subject matter and 

may hold nonpublic sessions to transact business. But when a 

board sits in public meetings to conduct public business and hear 

the views of citizens, it may not discriminate between speakers on 

the basis of the content of their speech or the message it conveys. 

Rosenbergerv. Rector & Visitors of Univ. of Virginia, 515 U.S. 819, 

828 (1995); City of Madison v. Wis. Emp. Rel. Comm'n, 429 U.S. 

167, 174 (1976); Pickeringv. Bd. of Educ .• 391 U.S. 563,568 

(1968) 

Citizens shall have the right, in a peaceable manner, to assemble 

together for their common good and to apply to those invested with 

the powers of government for redress of grievances or other purposes, by petition, address, or remonstrance. Tex. Const. Art. I, 

Sec. 27 

There is no requirement that a board negotiate or even respond to 

complaints. However, a board must stop, look, and listen and must 

consider the petition, address, or remonstrance. Professional Association of College Educators v. El Paso County Community [College 1 District, 678 S. W2d 94 (Tex. App.-EI Paso 1984, writ ref'd 

n.r.e.) 

A district that receives federal financial assistance, directly or indirectly, and that employs 15 or more persons shall adopt grievance 

procedures that incorporate appropriate due process standards 

and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973. 29 U.S.C. 794; 34 C.FR. 104. 7(b) 

A district that employs 50 or more persons shall adopt and publish 

grievance procedures providing for prompt and equitable resolution 

of complaints alleging any action that would be prohibited by the 

Code of Federal Regulations, Title 28, Part 35 (Americans with Disabilities Act regulations). 28 C.FR. 35.107 

A board may conduct a closed meeting on a public complaint to the 

extent required or provided by law. [See BEC] 

An appeal of a board's decision to the Commissioner of Education 

shall be decided based on a review of the record developed at the 

district level. "Record" includes, at a minimum, an audible electronic recording or written transcript of all oral testimony or argument. Education Code 7.057(c), (f) 

DATE ISSUED: 11/29/2005 

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220906 

PUBLIC COMPLAINTS 

Disruption 

GF 

(LEGAL) 

It is a district's responsibility to make and preserve the records of 

the proceedings before the board. If a district fails to create and 

preserve the record without good cause, all substantial evidence 

issues that require missing portions of the record for resolution 

shall be deemed against the district. The record shall include: 

1. A tape recording or a transcript of the hearing at the local 

level. If a tape recording is used: 

a. The tape recording must be complete, audible, and 

clear; and 

b. Each speaker must be clearly identified. 

2. All evidence admitted; 

3. All offers of proof; 

4. All written pleadings, motions, and intermediate rulings; 

5. A description of matters officially noticed; 

6. If applicable, the decision of the hearing examiner; 

7. A tape recording or transcript of the oral argument before the 

board; and 

8. The decision of the board. 

19 TAC 157.1073(d) 

It is a criminal offense for a person, with intent to prevent or disrupt 

a lawful meeting, to substantially obstruct or interfere with the ordinary conduct of a meeting by physical action or verbal utterance 

and thereby curtail the exercise of others' First Amendment rights. 

Penal Code 42.05; Morehead v. State, 807 S. W. 2d 577 (Tex. Cr. 

App. 1991) 

Note: Public complaints regarding instructional and library materials are addressed at EF and complaints against 

peace officers are addressed at CKE. 

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Grapevine-Colleyville ISO 

220906 

PUBLIC COMPLAINTS GF 

(LOCAL) 

Complaints In this policy, the terms "complaint" and "grievance" shall have the 

same meaning. 

Other Complaint 

Processes 

Guiding Principles 

Informal Process 

Formal Process 

Freedom from 

Retaliation 

General Provisions 

Filing 

DATE ISSUED: 7/6/2020 

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GF(LOCAL)-X 

Complaints by members of the public shall be filed in accordance 

with this policy, except as required by the policies listed below. 

Some of these policies require appeals to be submitted in accordance with GF after the relevant complaint process: 

1. Complaints concerning instructional resources shall be filed in 

accordance with EF. 

2. Complaints concerning a commissioned peace officer who is 

an employee of the District shall be filed in accordance with 

CKE. 

Complaints regarding refusal of entry to or ejection from District 

property based on Education Code 37.105 shall be filed in accordance with this policy. However, the timelines shall be adjusted as 

necessary to permit the complainant to address the Board in person within 90 calendar days of filing the initial complaint, unless the 

complaint is resolved before the Board considers it. [See GKA(LEGAL)] 

The Board encourages the public to discuss concerns with an appropriate administrator who has the authority to address the concerns. Concerns should be expressed as soon as possible to allow 

early resolution at the lowest possible administrative level. 

Informal resolution shall be encouraged but shall not extend any 

deadlines in this policy, except by mutual written consent. 

An individual may initiate the formal process described below by 

timely filing a written complaint form. 

Even after initiating the formal complaint process, individuals are 

encouraged to seek informal resolution of their concerns. An individual whose concerns are resolved may withdraw a formal complaint at any time. 

The process described in this policy shall not be construed to create new or additional rights beyond those granted by law or Board 

policy, nor to require a full evidentiary hearing or "mini-trial" at any 

level. 

Neither the Board nor any District employee shall unlawfully retaliate against any individual for bringing a concern or complaint. 

Complaint forms and appeal notices may be filed by hand-delivery, 

by electronic communication, including email and fax, or by U.S. 

Mail. Hand-delivered filings shall be timely filed if received by the 

appropriate administrator or designee by the close of business on 

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220906 

PUBLIC COMPLAINTS 

Scheduling 

Conferences 

Response 

Days 

Representative 

Consolidating 

Complaints 

Untimely Filings 

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GF(LOCAL)-X 

GF 

(LOCAL) 

the deadline. Filings submitted by electronic communication shall 

be timely filed if they are received by the close of business on the 

deadline, as indicated by the date/time shown on the electronic 

communication. Mail filings shall be timely filed if they are postmarked by U.S. Mail on or before the deadline and received by the 

appropriate administrator or designated representative no more 

than three days after the deadline. 

The District shall make reasonable attempts to schedule conferences at a mutually agreeable time. If the individual fails to appear 

at a scheduled conference, the District may hold the conference 

and issue a decision in the individual's absence. 

At Levels One and Two, "response" shall mean a written communication to the individual from the appropriate administrator. Responses may be hand-delivered, sent by electronic communication 

to the individual's email address of record, or sent by U.S. Mail to 

the individual's mailing address of record. Mailed responses shall 

be timely if they are postmarked by U.S. Mail on or before the 

deadline. 

"Days" shall mean District business days, unless otherwise noted. 

In calculating timelines under this policy, the day a document is 

filed is "day zero." The following business day is "day one." 

"Representative" shall mean any person who or organization that is 

designated by an individual to represent the individual in the complaint process. 

The individual may designate a representative through written notice to the District at any level of this process. If the individual designates a representative with fewer than three days' notice to the 

District before a scheduled conference or hearing, the District may 

reschedule the conference or hearing to a later date, if desired, in 

order to include the District's counsel. The District may be represented by counsel at any level of the process. 

Complaints arising out of an event or a series of related events 

shall be addressed in one complaint. An individual shall not file 

separate or serial complaints arising from any event or series of 

events that have been or could have been addressed in a previous 

complaint. 

All time limits shall be strictly followed unless modified by mutual 

written consent. 

If a complaint form or appeal notice is not timely filed, the complaint may be dismissed, on written notice to the individual, at any 

point during the complaint process. The individual may appeal the 

dismissal by seeking review in writing within five days from the 

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220906 

PUBLIC COMPLAINTS 

Costs Incurred 

Complaint and 

Appeal Forms 

Level One 

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GF(LOCAL)-X 

GF 

(LOCAL) 

date of the written dismissal notice, starting at the level at which 

the complaint was dismissed. Such appeal shall be limited to the 

issue of timeliness. 

Each party shall pay its own costs incurred in the course of the 

complaint. 

Complaints and appeals under this policy shall be submitted in 

writing on a form provided by the District. 

Copies of any documents that support the complaint should be attached to the complaint form. If the individual does not have copies 

of these documents, they may be presented at the Level One conference. After the Level One conference, no new documents may 

be submitted by the individual unless the individual did not know 

the documents existed before the Level One conference. 

A complaint or appeal form that is incomplete in any material aspect may be dismissed but may be refiled with all the required information if the refiling is within the designated time for filing. 

Complaint forms must be filed: 

1. Within 15 days of the date the individual first knew, or with 

reasonable diligence should have known, of the decision or 

action giving rise to the complaint or grievance; and 

2. With the lowest level administrator who has the authority to 

remedy the alleged problem. 

If the only administrator who has authority to remedy the alleged problem is the Superintendent or designee, the complaint may begin at Level Two following the procedure, including deadlines, for filing the complaint form at Level One. 

If the complaint is not filed with the appropriate administrator, the 

receiving administrator must note the date and time the complaint 

form was received and immediately forward the complaint form to 

the appropriate administrator. 

The appropriate administrator shall investigate as necessary and 

schedule a conference with the individual within ten days after receipt of the written complaint. The administrator may set reasonable time limits for the conference. 

Absent extenuating circumstances, the administrator shall provide 

the individual a written response within ten days following the conference. The written response shall set forth the basis of the decision. In reaching a decision, the administrator may consider information provided at the Level One conference and any other 

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220906 

PUBLIC COMPLAINTS 

Level Two 

DATE ISSUED: 7/6/2020 

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GF(LOCAL)-X 

GF 

(LOCAL) 

relevant documents or information the administrator believes will 

help resolve the complaint. 

If the individual did not receive the relief requested at Level One or 

if the time for a response has expired, he or she may request a 

conference with the Superintendent or designee to appeal the 

Level One decision. 

The appeal notice must be filed in writing, on a form provided by 

the District, within ten days of the date of the written Level One response or, if no response was received, within ten days of the 

Level One response deadline. 

After receiving notice of the appeal, the Level One administrator 

shall prepare and forward a record of the Level One complaint to 

the Level Two administrator. The individual may request a copy of 

the Level One record. 

The Level One record shall include: 

1. The original complaint form and any attachments. 

2. All other documents submitted by the individual at Level One. 

3. The written response issued at Level One and any attachments. 

4. All other documents relied upon by the Level One administrator in reaching the Level One decision. 

The Superintendent or designee shall schedule a conference 

within ten days after the appeal notice is filed. The conference shall 

be limited to the issues and documents considered at Level One. 

At the conference, the individual may provide information concerning any documents or information relied upon by the administration 

for the Level One decision. The Superintendent or designee may 

set reasonable time limits for the conference. 

The Superintendent or designee shall provide the individual a written response within ten days following the conference. The written 

response shall set forth the basis of the decision. In reaching a decision, the Superintendent or designee may consider the Level 

One record, information provided at the Level Two conference, and 

any other relevant documents or information the Superintendent or 

designee believes will help resolve the complaint. 

Recordings of the Level One and Level Two conferences, if any, 

shall be maintained with the Level One and Level Two records. 

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220906 

PUBLIC COMPLAINTS GF 

(LOCAL) 

Level Three If the individual did not receive the relief requested at Level Two or 

if the time for a response has expired, he or she may appeal the 

decision to the Board. 

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UPDATE 115 

GF(LOCAL)-X 

The appeal notice must be filed in writing, on a form provided by 

the District, within ten days of the date of the written Level Two response or, if no response was received, within ten days of the 

Level Two response deadline. 

The Superintendent or designee shall inform the individual of the 

date, time, and place of the Board meeting at which the complaint 

will be on the agenda for presentation to the Board. 

The Superintendent or designee shall provide the Board the record 

of the Level Two appeal. The individual may request a copy of the 

Level Two record. 

The Level Two record shall include: 

1. The Level One record. 

2. The notice of appeal from Level One to Level Two. 

3. The written response issued at Level Two and any attachments. 

4. All other documents relied upon by the administration in 

reaching the Level Two decision. 

The appeal shall be limited to the issues and documents considered at Level Two, except that if at the Level Three hearing the administration intends to rely on evidence not included in the Level 

Two record, the administration shall provide the individual notice of 

the nature of the evidence at least three days before the hearing. 

The District shall determine whether the complaint will be presented in open or closed meeting in accordance with the Texas 

Open Meetings Act and other applicable law. [See BE] 

The presiding officer may set reasonable time limits and guidelines 

for the presentation, including an opportunity for the individual and 

administration to each make a presentation and provide rebuttal 

and an opportunity for questioning by the Board. The Board shall 

hear the complaint and may request that the administration provide 

an explanation for the decisions at the preceding levels. 

In addition to any other record of the Board meeting required by 

law, the Board shall prepare a separate record of the Level Three 

presentation. The Level Three presentation, including the presentation by the individual or his or her representative, any presentation 

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220906 

PUBLIC COMPLAINTS 

DATE ISSUED: 7/6/2020 

UPDATE 115 

GF(LOCAL)-X 

GF 

(LOCAL) 

from the administration, and questions from the Board with responses, shall be recorded by audio recording, video/audio recording, or court reporter. 

The Board shall then consider the complaint. It may give notice of 

its decision orally or in writing at any time up to and including the 

next regularly scheduled Board meeting. If the Board does not 

make a decision regarding the complaint by the end of the next 

regularly scheduled meeting, the lack of a response by the Board 

upholds the administrative decision at Level Two. 

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