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What To Do If You Believe That Your Rights Have Been Violated

The Albuquerque Public School system does not discriminate nor condone discrimination by students, employees, or third parties on the basis of ethnic identity, religion, race, color, national origin, sex, gender identity, sexual orientation, genetic information,HIV status, mental or physical disability or serious medical condition, age, veteran status, spousal affiliation or pregnancy, and/or any other protected status as defined by law in any program or activity of, or sponsored by, the school district and provides equal access to the Boy Scouts and other designated youth groups. The following department has been designated to handle inquiries regarding the nondiscrimination policies:

Equal Opportunity Services and Title IX
6400 Uptown Blvd. NE, Suite 510 West
PO Box 25704
Albuquerque, New Mexico 87125-0704
(505) 855-9853 or (505) 855-9831

Section 504
6400 Uptown Blvd. NE, Suite 510 West
PO Box 25704
Albuquerque, New Mexico 87125-0704
(505) 855-9831

Reports

  • Any report will be addressed in accordance with the appropriate procedures as specified in IDEA, Section 504, ADA, Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Age Discrimination Act of 1975, First Amendment, Fourteenth Amendment, New Mexico Human Rights Act, or with the State Board of Education Regulation 6 NMAC 1.4 and any amendments made to these regulations, which are incorporated within this policy statement.

Denial of Rights

  • Free public school education is a right guaranteed to a student.
  • The courts have defined the basis on which the denial of that right is justified.
  • That right may be denied in response to behavior that threatens the safety and security of the school population, is illegal, or has the potential to disrupt the educational process or compromises the safety and learning of the students and school at large.
  • It is the intent of the Board that every reasonable effort is made on behalf of the student’s education, even in the case of suspension or expulsion.
  • Special education students (other than those receiving “gifted” services only) must receive alternative educational services during suspension or expulsion.

Grievance Procedure

  • It is the intent of the Board that students and their parents/guardians be informed of the regulations regarding disciplinary and appeal procedures affecting students within the school.
  • Faculty, parents/guardians and students shall attempt resolution of problems affecting students and the education process by informal means.
  • If any student or parent/guardian believes that the conditions of the school or decisions made by its staff are not fair or reasonable, a conference shall be held with the principal or designee to discuss the matter.
  • If the student or parent/guardian is not satisfied with the results or handling of the conference, the student or parent shall have the opportunity to meet with a Student, Parent, Employee Service Center staff member regarding the matter, and may call 855-9040 to make an appointment.

Violation of Student Rights

  • Students who believe that their rights have been violated should report concerns to their parents, school administrator, or other appropriate school personnel.
  • If the appropriate school personnel do not resolve the concern, a report should be made to the Student, Parent, Employee Service Center at (505) 855-9040.

Internal Complaint Procedures

Students and parents/legal guardians are encouraged to resolve concerns with the school site administrator. If the site administrator is unable to resolve their concern, they are encouraged to contact the Student, Parent, Employee Service Center for assistance (855-9040).

  • Report gender or disability harassment and/or discrimination to the principal, either verbally or in writing.
  • Students who have knowledge of inappropriate behavior and fail to contact appropriate personnel will be subject to disciplinary action.
  • Any knowledge of inappropriate behavior must be reported to the principal, assistant principal, teacher, or counselor.
  • School personnel who receive reports of harassment and/or discrimination shall immediately inform the principal.
  • Upon receipt of notification of sexual or disability harassment and/or discrimination, the principal or the appropriate associate superintendent must contact the Office of Equal Opportunity Services within 72 hours, to report the incident.
  • Any school personnel who fail to report incidents of harassment and/or discrimination will be subject to appropriate disciplinary action.
  • Fraud, Waste and Abuse Hotline (Silent Whistle): 1 (877) 395-2782 or APS Ethical Advoate.

Who May File a Complaint

  • Any APS student, parent or legal guardian, on behalf of his or her student, who believes he or she has been discriminated against on the basis of sexual orientation, gender, race, national origin or disability.
  • These procedures do not deny any student or parent/legal guardian the right to pursue other avenues of recourse. HOW TO FILE Contact the Office of Equal Opportunity Services and Title IX or Section 504 Coordinator, in any manner, to report inappropriate conduct.
  • An internal complaint must be filed within one hundred eighty (180) calendar days from the last day of the alleged discrimination, unless the time for filing is extended by the Office of EOS for good cause (to be determined by the Office of EOS).
  • All inquiries and internal complaints filed are confidential.
  • Confidentiality also applies to the inquiry and investigative process of all investigations conducted by the Office of EOS and Title IX or Section 504.

Retaliation

No student will suffer retaliation or intimidation for participating in an inquiry or the internal complaint process.

  • Retaliation against any student seeking assistance at his/her school, filing a complaint, or participating in the investigative process is grounds for a subsequent retaliation complaint.
  • APS will respect the privacy of the complainant, the respondent, and the witnesses as much as possible, consistent with its legal obligations to investigate, take appropriate action, and conform with any discovery or disclosure obligations.