BOARD POLICY - 1312.4
The Board of Education encourages early, informal resolution of complaints at the school site level whenever possible. However, it recognizes that there are occasions when a more formal process is necessary. Thus, in accordance with California Education Code §35186, the Board of Education adopts this Alternative Uniform Complaint Policy.
Applicable Programs and Types of Complaints
The District shall use this Board Policy and corresponding Administrative Regulation 1312.4 to investigate and resolve complaints when the complainant alleges that any of the following has occurred: (Education Code 35186; 5 CCR 4681, 4682, 4683)
1. Textbooks and instructional materials:
- A student, including an English learner, does not have standards
-aligned textbooks or instructional materials or state -or district -adopted textbooks or other required instructional materials to use in class.
- A student does not have access to textbooks or instructional materials to use at home or after school.
- Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
- A student was provided photo-copied sheets from only a portion of a textbook or instructional material to address a shortage of textbooks or instructional materials.
2. Teacher vacancy or misassignment
- A semester begins and a teacher vacancy exists.
- A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner students in the class.
- A teacher is assigned to teach a class for which the teacher lacks subject matter competency.
Teacher vacancy means, a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of the semester for an entire semester. (Education Code 35186; 5 CCR 4600)
Beginning of the year or semester means, the first day classes necessary to serve all the students enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than twenty (20) working days after the first day students attend classes for that semester. (5 CCR 4600)
Misassignment means, the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (Education Code 35186; 5 CCR 4600)
a. A condition poses an emergency or urgent threat to the health or safety of students or staff.
Emergency or urgent threat means, structures or systems that are in a condition that poses a threat to the health and safety of students or staff while at school, including, but not limited to, gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems; electrical power failure; major sewer line stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to students or staff; structural damage creating a hazardous or uninhabitable condition; or any other emergency conditions the school district determines appropriate. (Education Code 17592.72) (5 CCR 4683)
b. A school restroom has not been maintained or cleaned regularly, is not fully operational, or has not been stocked at all times (example: toilet paper, soap, and paper towels or functional hand dryers).
Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. (Education Code 35292.5)
c. A school restroom has not been kept open in accordance with Education Code 3592.5
Open restroom means, except as necessary for student safety or to make repairs, the school has kept all restrooms open during school hours when students are not in classes and has kept a sufficient number of restrooms open during school hours when students are in classes. (Education Code 35292.5)
The Superintendent or designee shall ensure that a notice is posted in each classroom in each school containing the components specified in Education Code 35186.
On a quarterly basis, the Superintendent or designee shall report, to the Board of Education at a regularly scheduled public Board meeting and to the County Superintendent of Schools, summarized data on the nature and resolution of all complaints. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. (Education Code 35186; 5 CCR 4686)
The Superintendent or designee shall ensure that the District's complaint form contains a space to indicate whether the complainant desires a response to his/her complaint and specifies the location for filing a complaint. A complainant may add as much text to explain the complaint as he/she wishes. However, complainants need not use the District's Alternative Uniform Complaint form in order to file a complaint. (Education Code 35186)
234.1 Prohibition of discrimination, harassment, intimidation, and bullying
1240 County superintendent of schools, duties
17592.72 Urgent or emergency repairs, School Facility Emergency Repair Account
33126 School accountability report card
35186 Williams uniform complaint procedures
35292.5 Restrooms, maintenance and cleanliness
48985 Notice to parents in language other than English
60119 Hearing on sufficiency of instructional materials
CODE OF REGULATIONS, TITLE 5
Policy Adopted: February 21, 2005
Revised: December 6, 2011
Revised: September 11, 2018