Uniform Complaint Procedures
The governing board recognizes that the district has primary responsibility to ensure compliance with applicable federal and state laws and regulations. Therefore, the governing board designates the following compliance officer(s) to receive and investigate complaints and to ensure district compliance with law:
- Assistant Superintendent, Educational Services
- Assistant Superintendent, Personnel
The designees shall investigate complaints alleging failure to comply with such laws and regulations governing specified educational program, including allegations of discrimination, harassment, intimidation or bullying and shall seek to resolve them in accordance with its Uniform Complaint Procedures. Formal complaints regarding any of the programs addressed in this brochure or regarding civil rights protection (including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, mental or physical disability, age, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics) should be submitted to the Assistant Superintendents of Educational Services or the Assistant Superintendent of Personnel.
In summary, the process is as follows: Upon receipt of a written complaint, the district will attempt to resolve the complaint and will issue a written district decision to the person filing the complaint within 60 days. The complainant has the right to appeal a district decision to the State Department of Education, and also has the right to seek civil law remedies.
What are the responsibilities of the complainant?
- Receives complaint procedures and form from the local educational agency (LEA) free of charge.
- Files a written complaint and follows the steps in the local complaint procedures (see above).
- May appeal within 15 days to the California Department of Education (CDE) for resolution if he or she is dissatisfied with the district’s decision.
What are the responsibilities of the local educational agency (school district)?
- Ensures compliance with applicable federal and state laws and regulations.
- Designates a staff member to be responsible for complaint resolution (Assistant Superintendent of Educational Services or Assistant Superintendent of Personnel).
- Adopts complaint policies and procedures consistent with the California Code of Regulations, Commencing with Section 49010.
- Notifies, at least annually, parents, employees, committees, students, and other interested parties of local complaint procedures, including the opportunity to appeal the agency’s decision. The notice must also advise recipients of any civil law legal remedies that may be available. The notice must be (a) in English; (b) in the primary language of the students when 15 percent or more of the students in a school speak that language; or (c) in the mode of communication of the recipient of the notice.
- Provides procedures and forms free of charge to those requesting them.
- Protects complainants from retaliation.
- Implements the following procedures:
- Any individual, public agency, or organization alleging a violation of federal or state statutes may file a written complaint regarding specific programs with the district.
- Discrimination complaints must be filed with the district or CDE by a person harmed or by a person on behalf of others. These complaints must be filed no later than six months from the occurrence or when they are first acknowledged. The district and the CDE must protect the confidentiality of the parties and the facts related to the case.
- Resolves the complaint through mediation or investigation and completes a written report within 60 days of receipt of a complaint. The district must give the filing party an opportunity to present evidence relevant to the case.
- Submits, on notification of an appeal, the following to CDE:
- The original complaint
- A copy of the district decision
- A summary of the nature and extent of the mediation or investigation conducted by the local agency if not covered in the district decision
- A copy of the investigation file, including but not limited to all notes, interviews, and documents submitted by the parties and gathered by the investigator
- A report of any action taken to resolve the complaint
- A copy of the district complaint procedures
- Such other relevant information requested by the California Department of Education.