Section 1300.50  Final Level

a)         If a grievance is not resolved to the complainant's satisfaction by the actions taken at the designated coordinator's level under Section 1300.40 of this Part, the complainant may submit a copy of the grievance form and the designated coordinator's response to the State Superintendent of Education for review.  These documents shall be submitted within 15 days after the complainant's receipt of the designated coordinator's response and shall be accompanied by a brief written explanation of the complainant’s dissatisfaction.

b)         Within 15 days after receipt of a request for review, the State Superintendent shall appoint a three-member panel to review the grievance at the final level.  One of the appointed members shall serve as chairperson of the panel.  The panel shall schedule a review of the grievance to begin no later than 15 days after the last member of the panel is appointed.

c)         The complainant shall be afforded an opportunity to appear before the panel and shall have the right to appoint a representative to appear on his or her behalf.  The panel shall review the designated coordinator's written response and may conduct interviews and seek advice as it deems appropriate.

d)         Upon agreement of at least two of the panel members, but no later than 15 days after completion of the panel's review, the panel shall make recommendations in writing to the State Superintendent as to the proper resolution of the grievance.  All recommendations shall include the panel's rationale and shall bear the signatures of the concurring panel members.  A dissenting member of the panel may make a separate recommendation to the State Superintendent in writing and shall sign any such recommendation.

e)         Within 15 days after receipt of a panel's recommendations, the State Superintendent or his or her designee shall approve, disapprove, or modify the panel's recommendations; shall render a decision in writing; shall state the basis for the decision; and shall cause a copy of the decision to be served on the parties.  The State Superintendent's decision shall be final.

f)         The grievance form, the designated coordinator's response, the complainant's statement of his or her reasons for dissatisfaction, the recommendations of the panel, and the decision of the State Superintendent shall be maintained in accordance with the State Records Act [5 ILCS 160] or as otherwise required by law.