This administrative regulation is designed to provide guidance for the administrators responsible for administering the Board Policy entitled “Uniform Complaint Procedures Regarding Facilities, Instructional Materials, and Teacher Vacancies or Misassignments.” This regulation may be modified by the administration as needed to maintain currency with subsequent amendments to the applicable Education Codes and California Code of Regulations Title 5.

History

Effective January 1, 2005, Education Code section 35186 took effect, requiring all school districts to revise their uniform complaint policies to include certain types of complaints related to facilities, instructional materials and staffing situations as required by the settlement agreement in the lawsuit of Williams v. State of California (Super. Ct. San Francisco, No. CGC-00-312236). Education Code section 35186 requires that school districts use their existing uniform complaint procedures to process complaints, while providing different timelines and procedures for such complaints. Accordingly, a separate policy has been developed to reflect the unique timelines and procedures, while maintaining the elements of the uniform complaint procedure that apply to both.

Types of Complaints Subject to the Policy

The complaints subject to this policy fall into three categories: (1) emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff; (2) insufficient instructional materials; and (3) teacher vacancies or misassignments. Not all complaints related to facilities, instructional materials, or staffing situations will fall within the scope of the policy. The Education Code and Title 5 Regulations contain definitions for each of these categories, outlined below:

Facilities

Facilities problems that pose an emergency or urgent threat to the health or safety of pupils or staff include, but are not limited to:
(A) Gas leaks.
(B) Nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems.
(C) Electrical power failure.
(D) Major sewer line stoppage.
(E) Major pest or vermin infestation.
(F) Broken windows or exterior doors or gates that will not lock and that pose a security risk.
(G) Abatement of hazardous materials previously undiscovered that pose an immediate threat to pupil or staff.
(H) Structural damage creating a hazardous or uninhabitable condition.

Complaints may also be filed to report facilities that are not functional or not in good repair if the condition poses an emergency or urgent threat to the health or safety of pupils or staff. "Good repair" means a facility is maintained in a manner that assures it is clean, safe, and functional as determined pursuant to an interim evaluation instrument, scheduled to be developed by the Office of Public School Construction by January 2005.

Cosmetic or nonessential repairs are not subject to this complaint procedure.

References: Education Code section 35186 (e)(3), (h)(1), and sections 17002 and 17592.72; California Code of Regulations Title 5 section 4600 (k) and (l), and section 4683.

Instructional Materials

The following types of complaints related to instructional materials fall within the scope of the policy:
(A) A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state adopted or district adopted textbooks or other required instructional material to use in class.
(B) A pupil does not have access to instructional materials to use at home or after school in order to complete required homework assignments.
(C) Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.

By stating that a pupil must have materials to use at home as well as school, the District is not expected to provide each pupil with two sets of textbooks or instructional materials; rather, the pupil must be able to take the textbooks and instructional materials home in order to complete outside assignments. It is insufficient to provide photocopies of a textbook if there is a shortage of textbooks for the class. However, this should not be interpreted to prevent teachers from using photocopies, or books that may not be removed from the classroom, if such materials are merely supplemental to the primary textbooks and instructional materials being used for the class.

References: Education Code section 35186 (e)(1); California Code of Regulations Title 5 section 4600 (s), and section 4681.

Teacher Vacancies or Misassignments

The following situations involving teacher vacancies or misassignments fall within the scope of the policy:
(A) A semester begins and a certificated teacher is not assigned to teach the class.
(B) A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner pupils in the class.
(C) A teacher is assigned to teach a class for which the teacher lacks subject matter competency.

“Teacher vacancy” means a single, designated certificated employee has not been assigned at the start of the year or semester to teach for the duration of the class. A temporary absence due to illness or other causes does not render the position vacant, provided that a certificated teacher is assigned to the class.

A teacher is not considered “certificated” for the purposes of the class if the teacher does not hold a legally recognized certificate or credential for the subject he or she is teaching, or is not authorized by statute or Board resolution to serve in the position.

“Subject matter competency” means the teacher meets the applicable requirements of Article 1, subchapter 7 of California Code of Regulations Title 5, commencing with section 6100. Administrators responsible for investigating complaints of subject matter competency should refer to the state regulations for detailed guidance.

References: Education Code section 35186 (e)(2), (h)(2) and(h) (3), and section 33126 (b)(5); California Code of Regulations Title 5 section 4600 (o), (r) and (u), and section 4682.

Posting of Notice

The law requires that a notice be posted in each classroom of each school site containing certain information. The Associate Superintendent of Educational Services shall provide a notice to each school site with directions to post the notice accordingly. The Principal should periodically survey the classrooms to ensure that the notices remain posted in a visible and legible manner.

Complaint Form

The Principal or Principal’s designee is assigned by law to receive the complaint. Individuals verbally expressing concerns about matters that fall within the parameters of the policy should be given a copy of the complaint form and the policy. Complaint forms must be available at the main office of the school. There must be an alternative source for complaint forms in the event that the main office is unable to provide the form for any reason. The alternative source is specified on the notice that is posted in each classroom. However, each office should exercise due diligence in ensuring that copies of the form and policy are available.

Investigation and Resolution of the Complaint

It is the responsibility of the Principal to initially assess the complaint and determine whether it is a problem that is beyond the authority of the school site. The Principal should immediately send a copy of the complaint to the Associate Superintendent of Educational Services, who is responsible for tracking complaints under this policy.

If the matter is within the Principal’s authority and ability to correct, the Principal should investigate the matter. If action is required, such action should be taken within 30 working days. A written report should be completed no later than 45 working days and a copy given to the complainant and Associate Superintendent of Educational Services.

Complaints concerning problems beyond the authority of the school site should be sent to the appropriate District official who has knowledge of the subject matter and authority to take corrective action if necessary. If the Principal is unsure which administrator should take responsibility for the matter, the Principal may consult the Associate Superintendent of Educational Services. A determination regarding who should investigate the complaint must be made within 10 working days and a copy of the complaint provided to the person designated to investigate the matter. The same timelines for taking corrective action (30 working days) and producing a written report (45 working days) apply to the designated administrator.

Prior to investigating, the Principal or District official designated to investigate the complaint should review the Policy as the guidelines contained in this regulation are supplemental to the Policy.

Appeals

A complainant who is dissatisfied with the resolution of his or her complaint may request that the matter be heard by the Governing Board. The complaint should be scheduled for an open session hearing and complainant should be allowed to address the Board directly. Time limits which normally apply to speakers before the Board should not be applied to the complainant, but the Governing Board may set a reasonable time for the complainant to address the Board.

Complaints involving emergency or urgent facilities conditions may be appealed directly to the California Department of Education without a hearing before the Governing Board. For all other complaints, the Governing Board’s decision is final.

Reporting Requirements

Education Code section 35186(d) requires the District to report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the Governing Board of the District. The Associate Superintendent of Educational Services shall monitor and log all complaints in order to provide such summaries.

The summaries shall be publicly reported on a quarterly basis at a regularly scheduled Board meeting. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records.


Revised February 2005