This administrative
regulation summarizes the provisions of California Code of Regulations
Title 5 that set forth a uniform complaint process for ensuring
compliance with the rules and regulations governing state and
federal programs and enforcing laws prohibiting discrimination
against students. This regulation may be modified by the administration
as needed to maintain currency with subsequent amendments to the
applicable Title 5 regulations.
Types of Complaints Subject to the Policy
Title 5 Regulation 4610 contains a list of the programs that are
covered by the uniform complaint procedure. The District operates
some, but not all, of the programs listed in the regulation. The
programs operating in the District are identified in the Policy.
Each of the covered programs may be subject to certain statutes,
regulations and written grant conditions. A person who believes
there has been a violation of the statute, regulation, or grant
conditions may file a complaint.
Additionally, the uniform complaint procedures are to be used
for complaints of unlawful discrimination in any program or
activity, not just those listed in the Policy. Since employment
discrimination complaints are excluded from the regulations
and should be handled through a different process, complaints
of discrimination would involve students or parents only. The
policy covers allegations of discrimination in the categories
listed in Education Code sections 200 and 220, Penal Code section
422.55, and Government Code section 11135. Those statutes prohibit
discrimination on the basis of the following actual or perceived
characteristics:
A) Sex
B) Ethnic group identification
C) Race
D) National origin
E) Religion
F) Mental or physical disability
G) Association with a person or group with one or more of these
actual or perceived characteristics.
Notification to Parents, Students, and
Staff
Title 5 Regulation 4622 requires the District to annually notify
in writing its students, employees, parents or guardians, District
advisory committee, school advisory committees, and other interested
parties of the complaint procedures, including the opportunity
to appeal to the Department and the provisions of the regulations.
Pursuant to the Policy, a notice summarizing the complaint procedures
will be prepared by District administration and published in
secondary student handbooks, staff handbooks, and the annual
notice of parent’s/guardian’s rights. Additionally,
a copy of the notice will be provided to members of school site
councils.
Complaint Form
A complaint form will be made available to school sites in the
event a member of the public requests a form to file a complaint
regarding one of the subject matters covered by this policy.
While the use of the complaint form is recommended, it is not
required; a written, signed statement shall constitute a complaint
and be processed in accordance with the Policy if it alleges
a violation of federal of state laws or regulations or unlawful
discrimination as covered by this Policy.
Investigation and Resolution
Complaints should be forwarded to the Associate Superintendent
of Educational Services, who is designated by the Board as the
compliance officer for uniform complaints. The investigation
and subsequent written report must be completed within 60 calendar
days unless the complainant agrees to extend the deadline. Alternative
means of resolution are allowed and encouraged. The investigation
and report should adhere to the guidelines set forth in the
Policy.
Appeals
The complainant may appeal to the California Department of Education
if he or she is dissatisfied with the administration’s
response. If appealed, the California Department of Education
may conduct its own investigation.
Additionally, the complainant may bypass the District’s
process and file his or her complaint directly with the Department
of Education if the complainant requests anonymity from the
District. Anonymity is permitted by the Department when filing
the complaint with the District presents a danger of retaliation
that would cause immediate and irreparable harm. Complainant
may also submit the complaint to the Department of Education
prior to receiving a response from the District if the District
is refusing to conduct an investigation of the complaint,
or the investigator is not adhering to Title 5 regulations.
Revised February 2005