Appeals Process, Dispute Resolution
The appeals process begins when a student, parent or guardian is not satisfied with the decision of the team in planning the student's educational programming or when determining need for gifted education services. This process involves the reconsideration of any of the assessment processes, body of evidence data, or programming for gifted and talented services.
Each district has their own policy regarding disagreements. Should a district require resolution at the SJBOCES level, the process is as follows:
- Before a formal appeal, an attempt should be made at the building level to resolve the disagreement. The student or parent shall request a conference with the building level Gifted and Talented Representative in order to review the student profile and test scores, along with a thorough explanation of the screening process and its purpose. This conference should occur as soon as possible once the disagreement is voiced.
- If the conference with the building level Gifted and Talented Representative is not to the satisfaction of the student or parent's satisfaction, then a written appeal must be submitted to the building Principal. The Principal must schedule and hold a conference with the submitting party upon receiving the written appeal. The written appeal must contain a statement of the complaint, any evidence in its support, the solution desired, the student or parent's signature and the date the appeal is submitted.
- If the outcome of the conference with the building level administrator is not to the student or parent's satisfaction, then the submitting party shall request a conference with the Director of Exceptional Student Services at the San Juan Board of Cooperative Educational Services. The Director will schedule and hold a conference with the disagreeing party within two weeks of receiving a request for a conference. A final decision will be made within thirty days of the conclusion of the conference. This decision will be in writing and is final.
To increase communication efforts, districts are encouraged to include a dispute resolution process on all communications with parents regarding gifted student screening, identification and programming.