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WILLIAMS UNIFORM COMPLAINT POLICY

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 has adopted this Williams 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

  1. 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.
  2. A student does not have access to textbooks or instructional materials to use at home or after school. (This does not require two sets of textbooks or instructional materials for each student.)
  3. Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
  4. A student was provided photo-copied  pages from only a portion of a textbook or instructional material to address a shortage of textbooks or instructional materials.

2. Teacher vacancy or misassignment

  1. A semester begins and a teacher vacancy exists.
  2. A teacher who lacks credentials or training to teach English learners is assigned to teach a class with one or more English learner students in the class.
  3. 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 school year for an entire school 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 school 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) school 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)

3. Facilities

  1. 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 the following per Education Code 17592.72 and 5 CCR 4683: 
  • gas leaks
  • nonfunctioning heating 
  • ventilation
  • fire sprinklers
  • 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
  • any other emergency conditions the school district determines appropriate
  1. A school restroom has not been maintained or kept open in accordance with Education Code 35292.5.

    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, paper towels or functional hand dryers, and menstrual products in all grades 6-12 women’s restrooms, all-gender bathrooms, and at least one men’s restroom, free of cost. (Education Code 35292.5, 35292.6)

    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)

Notifications

The Superintendent or designee shall ensure that a Williams Uniform Complaint notice is posted in each classroom in each school containing the components specified in Education Code 35186.

Reports

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)

Forms

The Superintendent or designee shall ensure that a Williams Uniform Complaint form is available at each school and district office. However, complainants are not required to use the District's Williams Uniform Complaint form in order to file a complaint. 

The Superintendent or designee shall ensure that the District's complaint form contains a space to indicate whether the complainant desires a response to their complaint and specifies the location for filing a complaint. A complainant may add as much text to explain the complaint as desired. (Education Code 35186)

Public Records

All complaints and written responses shall be public records. (Education Code 35186; 5 CCR 4686)

Legal Reference:

STATE REFERENCES

5 CCR 4600-4670 Uniform complaint procedures
5 CCR 4600-4687 Uniform complaint procedures and Williams complaints

EDUCATION CODE

1240 County superintendent of schools; duties

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

35292.5-35292.6 Restrooms, maintenance and cleanliness

48985   Notice to parents in language other than English

60119  Hearing on sufficiency of instructional materials

60150 Penalty for insufficiency of textbooks and instructional materials
 

CODE OF REGULATIONS, TITLE 5

4600-4670 Uniform complaint procedures

4680-4687 Williams uniform complaint procedures

Policy Adopted: February 21, 2005
Revised: December 6, 2011

Revised:  September 11, 2018
Revised: August 27, 2024

Administrative Regulation 1312.4: Williams Uniform Complaint