Complaint Procedures
Each district school board must adopt a policy regarding an objection by a parent or a resident of the county to the use of a specific material, which clearly describes a process to handle all objections and provides for resolution. The objection form, as prescribed by State Board of Education rule, and the district school board’s process must be easy to read and understand and be easily accessible on the homepage of the school district’s website. The objection form must also identify the school district point of contact and contact information for the submission of an objection. The process must provide the parent or resident the opportunity to proffer evidence to the district school board that:
a. An instructional material does not meet the criteria of F.S. 1006.31(2) or F.S.. 1006.40(3)(d) if it was selected for use in a course or otherwise made available to students in the school district but was not subject to the public notice, review, comment, and hearing procedures under F.S. 1006.283(2)(b)8., 9., and 11.
b. Any material used in a classroom, made available in a school or classroom library, or included on a reading list contains content which:
- Is pornographic or prohibited under F.S. 847.012;
- Depicts or describes sexual conduct as defined in F.S.847.001(19), unless such material is for a course required by F.S. 1003.46, F.S. 1003.42(2)(n)1.g., or F.S. 1003.42(2)(n)3., or identified by State Board of Education rule;
- Is not suited to student needs and their ability to comprehend the material presented;, or
- Is inappropriate for the grade level and age group for which the material is used.
Except as required by Section I.B.1. of School Board Policy 2510, access to challenged materials shall not be restricted during the review process. The materials shall remain in use pending the outcome of the review. No challenged material may be removed from the curriculum or from a collection of resource materials solely because it presents ideas that may be unpopular or offensive to some.
Any reference to calendar days henceforth shall not be inclusive of school holidays; Thanksgiving recess; or winter, spring, and summer recess as adopted by the district school board as required by Rule.
In order to file an objection/complaint regarding non-adopted instructional and/or library/media center or other educational materials, a complainant must complete an online complaint form. The District has replaced form FM-3448 (Citizen’s Complaint regarding Non-Adopted Instructional, Library, or Other Educational Materials) and migrated to a web-based, automated platform that facilitates tracking and notification of concerns regarding materials. The process outlined here must be completed in order as outlined in School Board Policy 2510.
A. School Level – Informal Complaint for Non-Adopted Instructional, Library, and Other Educational Materials Only
The complainant shall file an objection form online. The complainant must cite to the specific sections and pages of the text that are objectionable. The form must be signed and attested by the parent or resident, include the required contact information, and state the objection to the instructional material based on the criteria set forth in F.S. 1006.31(2) or 1006.40(3)(d) and Sections I and V in School Board Policy 2510. An individual complainant may submit only one (1) complaint directly to the school, that contains all the complainant’s objections to the specific material. Complaint forms that do not contain the requisite information may not be considered. The online complaint form will be routed to the principal and notifications will be sent to the Region and District’s Library/Media Services department.
- In preparation for a meeting with the complainant, the principal or designee and a school media specialist should conduct a review of the material based on the selection criteria set forth in Board Policy 2510.
- Within seven (7) calendar days of the complaint notification, the principal and/or designee will schedule the complainant for a meeting.
- Within fourteen (14) calendar days of the complaint notification, the principal and/or a designee and any relevant staff member(s) shall meet with the complainant to hear the grievance regarding the material and to explain:
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- the school’s materials selection procedures;
- the criteria used for the selection of instructional materials;
- the role that the material in question has in the school’s curriculum or library/media center collection; and
- whatever additional information is needed regarding the item’s use.
Upon receipt of written notification by the Principal if the complainant is not satisfied with the explanation regarding the retention of the material in the school, the complainant will then be provided with the option to file a formal complaint.
School Level - Formal Complaint for Non-Adopted Instructional, Library, and Other Educational Materials Only
The complainant must complete the online “Citizen’s Complaint regarding Non-Adopted Instructional, Library, or Other Educational Materials” (FM-3448) form. All required fields must be completed, the form must be signed and attested and provided to the Principal by the complainant. Electronic copies of the form responses will be immediately provided to:
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- the Region Superintendent; and
- the District Supervisor over Library/Media Services.
The form must also include the required contact information and state the objection to the instructional material based on the criteria set forth in F.S. 1006.31(2) or 1006.40(3)(d) and Sections I and V of School Board Policy 2510. The complainant must cite to the specific sections and pages of the text that are objectionable. An individual complainant may submit only one (1) complaint directly to the school, that contains all the complainant’s objections to the specific material. Complaint forms that do not contain the requisite information may not be considered.
The completed form and the material(s) in question shall be provided by the principal within seven (7) calendar days of receipt of complaint form to a six (6) member School Materials Review Committee (SMRC. The SMRC will be appointed on an ad hoc basis by the principal with the following provisions:
The committee shall consist of:
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- the principal or designee;
- one (1) teacher for secondary or two (2) teachers for elementary in the appropriate subject area/grade;
- one (1) library media specialist;
- one (1) student from the appropriate grade level or for whom the material is considered to be age-appropriate (middle and senior high school only with parental approval);
- one (1) parent/resident from the school’s Parent-Teacher/Parent-Teacher-Student Association or the Educational Excellence School Advisory Council; and
- one (1) region director or the region superintendent.
The SMRC shall meet within fourteen (14) calendar days of the principal’s receipt of the complaint form. Committee meetings convened for the purpose of resolving an objection by a parent or resident to specific materials must be noticed and open to the public in accordance with F.S. 286.011. Any committees convened for such purposes must include parents of students who will have access to such materials.
Parents of the impacted school shall be notified of the complaint and the upcoming committee meeting.
The SMRC may solicit professional written reviews of the materials and/or comments from appropriate audiences or resource persons. The SMRC shall read/view the material, consider the reviews of the material, study the comments on the complainant’s questionnaire, consider the evaluative standards and criteria provided in Sections I and V of this policy and render a decision based on a majority vote.
SMRC meetings are public meetings and are noticed publicly at least seven (7) days prior to the meeting on the M-DCPS Master Calendar in compliance with School Board Policy 0165 – Notice of Meetings. Only participating committee members shall receive invitations to the meeting. All other attendees, inclusive of complainants, are considered members of the observing public and are not eligible to actively engage with the committee during the meeting.
Within (30) calendar days of the principal’s receipt of form FM-3448, the SMRC shall prepare a written report for the principal to follow. The committee’s determination shall be any or a combination of the following:
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- allow the challenged material to maintain its current status prior to the complainant’s objection;
- leave the challenged material in the classroom or library/media center and permit the complainant to complete the Request to Limit Access form to limit their child’s access to the specific material and request that the teacher provide an alternate assignment;
- reclassify the challenged material to an appropriate age or reading level based upon professional/literary reviews (details about the limitations must be outlined in the report); or
- remove the challenged material from the total school environment. This action will require an automatic review of the material by the District Materials Review Committee (DMRC).
Within seven (7) calendar days after receipt of the SMRC determination, the principal shall inform the complainant of the decision and shall send copies of all reports and communications to the appropriate Region Superintendent and the District Supervisor of Library/Media Services. If the SMRC determined to reclassify or remove the challenged material (per Section X.B.2d.3-4), notification via memorandum must be sent to the Board.
Except as required by Section I.B.1. in Board Policy 2510, access to challenged materials shall not be restricted during the review process. The materials shall remain in use pending the outcome of the review. No challenged material may be removed from the curriculum or from a collection of resource materials solely because it presents ideas that may be unpopular or offensive to some.
A copy of the selection and reconsideration procedures shall be placed in the library/media center’s professional collection for reference.
Each school principal shall include a copy of this policy in the school’s staff handbook and shall review the selection and reconsideration procedures with the staff as needed, emphasizing the policies pertaining to the teaching of controversial issues and the ethical considerations that are needed in handling citizen complaints with courtesy and integrity.
The Chief Academic Officer (CAO) may request that the DMRC review any SMRC determination.
District Level – Formal Appeal for Reconsideration of Non-Adopted Instructional, Library/Media Center, and Other Educational Materials Only
The following steps are to be followed for a complainant to appeal a School Materials Review Committee (SMRC) determination or when the CAO requests a DMRC review:
The complainant must complete the online “Appeal of the School Material Review Committee’s Recommendation” form. All required fields must be completed, and the form must be signed, attested, and filed within seven (7) calendar days of receipt of the decision made by the SMRC from the principal. The complainant must file the “Appeal of the School Material Review Committee’s Determination” form with the Assistant Superintendent of Innovation & School Choice. Appeal requests will not be accepted after the appeal window has elapsed. During the time that a specific material is under review by the DMRC, the material may not be reviewed by any SMRC. Any ongoing reviews will be immediately suspended pending the outcome of the DMRC review.
The complainant shall be notified in writing by the Assistant Superintendent of Innovation & School Choice, or designee, that the appeal request is being transmitted to a District Materials Review Committee for review. Within fourteen (14) calendar days of receipt of the “Appeal of the School Material Review Committee’s Determination” form from the complainant, the District shall convene the District Materials Review Committee.
The complaint shall be submitted to a fifteen (15) member District Materials Review Committee (DMRC), for materials challenged in grades 6-12 and by a thirteen (13) member DMRC for materials challenged in grades 5 and below. The DMRC will chaired by the Assistant Superintendent of Innovation& School Choice, or designee, as a non-voting member, while voting members will be appointed on an ad hoc basis by the Superintendent, with the following provisions:
The committee shall consist of:
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- the Chief Academic Officer, or designee;
- the Deputy Superintendent, or designee;
- two (2) principals of the appropriate school configuration;
- the Director over Instructional Materials and Library Media Services;
- one (1) appropriate subject area director/supervisor;
- the Supervisor of Library Media Services;
- the Supervisor of Instructional Materials;
- two (2) teachers for secondary or (1) teacher for elementary in the appropriate subject area/grade;
- two (2) library media specialists;
- one (1) student from the appropriate grade level or for whom the material is considered to be age-appropriate (middle and senior high school only with parental approval);
- two (2) representatives from the Miami-Dade County Council of Parent-Teacher/Parent-Teacher-Student Associations who will be appointed by the President of the District Association;
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If a person named above cannot be present at the DMRC meeting(s), the Superintendent or designee may appoint an alternate. Committee meetings convened for the purpose of resolving an objection by a parent or resident to specific materials must be noticed and open to the public in accordance with F.S. 286.011. Any committees convened for such purposes must include parents of students who will have access to such materials.
The DMRC may solicit professional/literary written reviews of the materials. The DMRC shall read/view the material, consider the reviews of the material, study the comments on the complainant’s questionnaire, consider all artifacts produced through prior reviews, consider one (1) or more of the evaluative standards and criteria provided in Sections I and V of Board Policy 2510, and render a decision based on a majority vote.
DMRC meetings are public meetings and are noticed publicly at least seven (7) days prior to the meeting on the M-DCPS Master Calendar in compliance with School Board Policy 0165 – Notice of Meetings. Only participating committee members shall receive invitations to the meeting. All other attendees, inclusive of complainants, are considered members of the observing public and are not eligible to actively engage with the committee during the meeting.
Within (30) calendar days of receipt of the “Appeal of the School Material Review Committee’s Determination” form, the DMRC shall prepare a written report for the Superintendent or designee to consider. The committee’s determination may be any or a combination of the following:
- allow the challenged material to maintain its current status prior to the complainant’s objection;
- leave the challenged material in the classroom or library/media center and permit the complainant to complete the Request to Limit Access form to limit their child’s access to the specific material and request that the teacher provide an alternate assignment;
- reclassify the challenged material to an appropriate age or reading level based upon professional/literary reviews (details about the limitations must be outlined in the report); or
- recommend to the Board to remove the challenged material from the total District environment.
The Superintendent or a designee shall make a final decision within seven (7) calendar days of receipt of the DMRC recommendation, and a written report of that decision will be forwarded to the complainant. Documentation regarding the removal of material must contain a statement of its reasons for the removal.
The Superintendent’s decision shall be applied uniformly across all schools and supersede any prior determinations. The Superintendent’s decision to reclassify or remove challenged materials (per Section X.C.2.d. 3-4) must be communicated via memorandum to the Board. Neither the SMRC nor the DMRC will be convened for future challenges on the same material.
Written Appeal to the School Board
Within fifteen (15) days of the decision by the Superintendent, if the parent is not satisfied with the decision, the parent may submit the issue to the Board in writing pursuant to Policy 9130, Public Complaints.
Appeal to the State of Florida
If a parent disagrees with a decision made by the School Board on the objection to the use of a specific material, a parent may request the Commissioner of Education to appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least 5 years’ experience in administrative law. The special magistrate shall determine facts relating to the school district’s determination, consider information provided by the parent and the school district, and render a recommended decision for resolution to the State Board of Education within 30 days after receipt of the request by the parent. The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than 7 calendar days and no more than 30 days after the date the recommended decision is transmitted. The costs of the special magistrate shall be borne by the school district.