Purpose and Scope

This policy pertains to certain complaints about instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety to pupils or staff, and teacher vacancies or misassignments. The District’s policy is to comply with applicable state laws and regulations governing these subjects and is the local agency primarily responsible for compliance. Pursuant to this policy, persons responsible for conducting investigations shall be knowledgeable about the matters that they are assigned to investigate. The Responsible District Officer shall maintain a record of each complaint and subsequent related actions, including all information required for compliance with the California Code of Regulations, Title 5, Section 4632 and Education Code Section 35186.

In addition, complaints that address unlawful discrimination or lack of compliance with certain federal and state programs are subject to different requirements and are governed by the Board Policy entitled “Complaint Procedures Regarding Compliance with State and Federal Programs.” Neither of these complaint procedures, however, is intended to govern every type of complaint about a school or the District. To the contrary, these complaint procedures address only those complaints that fall within the policy’s specified scope.

The District encourages the early, informal resolution of complaints whenever possible. Many issues are best resolved by discussions between the parties most involved.

Compliance Officer

Complaints shall be filed with the Principal or Principal’s designee of the school site at which the alleged violation has occurred. A complaint about problems beyond the authority of the school Principal shall be forwarded by the school site in a timely manner, but not to exceed ten (10) working days, to the appropriate District official for resolution. The Principal shall provide a copy of the complaint to the Associate Superintendent of Educational Services who is designated as the Responsible District Officer for maintenance of records as required by law, including preparation of quarterly reports for the County Office of Education and presentation of such reports to the Governing Board of the District at a regularly scheduled board meeting. The Responsible District Officer will maintain a log of complaints received, providing each with a code number and date received by the school site. The Principal may seek the assistance of the Responsible District Officer in identifying which District official is appropriate to investigate and/or resolve the complaint. To aid in the timely investigation, monitoring, and logging of complaints, it is important that the Principal distribute the complaint to the Responsible District Officer and any other involved District officials as soon as possible after it is received.

Notifications

A notice shall be posted in each classroom in each school as required by Education Code Section 35186.

Procedures

All complaints and responses shall be public records. Complainants shall not be subject to retaliation as a result of the filing of a complaint. Complaints shall be processed in accordance with the steps below:


Step 1: Filing the Complaint

Complaints may be filed to report an insufficiency of instructional materials, facilities conditions that pose a health and safety threat to pupils or staff; or teacher vacancies or misassignments, as described on the complaint form. The complaint must fit within one of the categories listed on the complaint form or it is not within the scope of this complaint procedure.

The complaint form shall include a space to mark whether the complainant requests a response. Complaint forms shall be available at the District office and at the main office of each school.

Any individual, public agency or organization may file a written complaint of alleged noncompliance. A complaint may be filed anonymously. A complainant who identifies himself or herself shall receive a response if he or she indicates that a response is requested. If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other handicaps, District staff shall help the complainant to file the complaint.

The complaint should state the date of the complaint and a detailed statement of the circumstances constituting the alleged deficiency, and the requested remedy. A complainant may add as much text to explain the complaint as he or she wishes.

The complaint shall be filed with the Principal of the school or his or her designee. A complaint about problems beyond the authority of the school Principal shall be forwarded in a timely manner not to exceed ten (10) working days to the appropriate District official for resolution.

The complainant shall be provided a copy of this complaint procedure if complainant has not already received one.

Step 2: Investigation of the Complaint

The Principal or appropriate District official, as applicable, shall make all reasonable efforts to investigate any problem within his or her authority. Investigation shall include, but not be limited to: interviews with the complainant and/or complainant’s representative and any other person believed to have relevant knowledge concerning the complaint.

Step 3: Response and Final Decision

The Principal or appropriate District official shall remedy a valid complaint within a reasonable time period but not to exceed thirty (30) working days from the date the complaint was received. The Principal or appropriate District official shall complete a written report within forty-five (45) working days of the initial filing and provide a copy to the complainant (if a response is requested by the complainant) and the Responsible District Officer.

The report of the District’s decision shall be written in English and in the language of the complainant whenever feasible or required by law.

The complainant’s right to a prompt and equitable resolution of the complaint will not be affected by the complainant’s pursuit of other remedies, such as the filing of a complaint with the Department of Justice or other appropriate federal agency, or the filing of a suit in state or federal court.