ADMINISTRATIVE REGULATION - 1312.3
The following procedures shall be used to address all complaints appropriately brought pursuant to the District's Alternative Uniform Complaint Policy, Board Policy 1312.3.
Filing of Complaint
A complaint alleging any condition(s) specified in Board Policy 1312.3, items 1-5 shall be filed with the principal at the school in which the complaint arises. The principal or his/her designee shall forward a complaint about problems beyond his/her authority to the Superintendent or his/her designee in a timely manner, but not to exceed 10 business* days. (Education Code 35186; 5 CCR 4680)
Such complaints must be filed at the relevant school site. (Education Code 35186) Each school in the District shall have a complaint form available for Alternative Uniform Complaints.
Investigation and Response
The principal or his/her designee shall make all reasonable efforts to investigate any problem within his/her authority. He/she shall remedy a valid complaint within a reasonable time period not to exceed thirty (30) business days from the date the complaint was received. (Education Code 35186; 5 CCR 4685)
Complaints may be filed anonymously. If the complainant has indicated on the complaint form that he/she would like a response to the complaint, the principal or designee shall report the resolution of the complaint to him/her within forty-five (45) business days of the initial filing of the complaint. If a response is requested, the response shall be made to the mailing address of the complainant as indicated on the complaint form and a copy of such report shall be forwarded to the Superintendent, also within the forty-five (45) business day time period. (Education Code 35186; 5 CCR 4680, 4685)
When Education Code 48985 is applicable and the complainant has requested a response, the response shall be written in English and in the primary language in which the complaint was filed. (Education Code 35186)
If a complainant is not satisfied with the resolution of a complaint, he/she has the right to describe the complaint to the Governing Board at a regularly scheduled meeting. (Education Code 35186; 5 CCR 4686)
In addition, for any complaint concerning a facilities condition that poses an emergency or urgent threat to the health or safety of pupils or staff as described in BP 1312.3, Item #3a, a complainant who is not satisfied with the resolution proffered by the principal (or Superintendent or his/her designee for problems beyond the principal's authority) may file an appeal to the Superintendent of Public Instruction within fifteen (15) calendar days of receiving the District's response. The complainant shall comply with the appeal requirements specified in 5 CCR 4632. (Education Code 35186; 5 CCR 4687).
All complaints and written responses shall be public records. (Education Code 35186; 5 CCR 4686)
For purposes of Administrative Regulation 1312.3, a "business day" is defined as any day that the District's administrative offices are open.
February 21, 2005