UNIFORM COMPLAINT POLICY

BOARD POLICY - 1312.3

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 5 CCR §4621 the Board of Education adopts this Uniform Complaint Policy.

Applicable Programs and Types of Complaints

  1. The District shall follow this Uniform Complaint Policy and corresponding administrative regulation when addressing complaints alleging unlawful discrimination, harassment, intimidation, and bullying against any protected group as identified under Education Code 200 and 220 and Government Code 11135, including those with actual or perceived characteristics such as race or ethnicity, color, ancestry, national origin, nationality, ethnic group identification, immigration status, age, religion, actual or potential parental, family or marital status, or the exclusion of any person because of pregnancy or related condition, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by the district or that is funded directly by, or that receives or benefits from any state financial assistance.
  2. The District's Uniform Complaint Policy and corresponding administrative regulation shall also be used when addressing complaints alleging failure to comply with state and/or federal laws with respect to adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and career technical and technical training programs, child care and development programs, child nutrition programs, pupil fees, special education programs, reasonable accommodations for lactating students (5 CCR§ 4610), legal requirements related to the implementation of the local control and accountability plan (Education Code 52075), coursework credit for homeless students, assignment of a student in grades 9-12 to a course without educational content, and physical education instructional minutes for students in elementary school.

Complaints related to the sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, teacher vacancies and misassignments, and fees, deposits, or other charges related to participation in a curricular or extracurricular activity shall be investigated pursuant to the District's Alternative Uniform Complaint Policy, BP 1312.3 and corresponding administrative regulation, AR 1312.3. (Cal. Educ. Code §35186).

Complaints relating to any other subject matter not otherwise delineated herein, including but not limited to complaints against individual employees should be resolved informally at the relevant school site level or formally by utilization of the District's General Complaint Policy 1312.1, corresponding regulation, AR 1312.1, and corresponding forms.

Designated Compliance Officer

The Board of Education designates the following Compliance Officer to receive, investigate and prepare a decision with respect to complaints and to ensure the District's compliance with all applicable state and federal laws:

Irvine Unified School District Superintendent
5050 Barranca Parkway
Irvine, CA 92604
Phone: 949-936-5000
Fax: 949-936-5259

The Compliance Officer is authorized to designate his/her duties relating to investigation and preparation of a decision to another District employee on a case by case basis. However, the Compliance Officer shall ensure that the employee who is designated to investigate a complaint and prepare a decision is knowledgeable about the laws, programs or other subject matter for which the/she is designated to investigate. (5 CCR 4621). Designated employees may have access to legal counsel if deemed appropriate and necessary by the Compliance Officer.

Notifications

The Superintendent or his/her designee shall annually provide written notification of the District's Uniform Complaint Policy and Administrative Regulation to students, employees, parents/guardians, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties. This notice shall be in English, and if appropriate and necessary pursuant to Cal. Educ. Code §48985, in the student's primary language. The Compliance Officer or his/her designee shall make available copies of the district's Uniform Complaint Policy and Administrative Regulation free of charge. (5 CCR 4622).

The notice shall advise potential complainants that the District is primarily responsible for compliance with federal and state laws and regulations and as such, has adopted a Uniform Complaint Policy and corresponding Administrative Regulation. (5 CCR 4621).

The notice shall also include statements that:

a. The complaint review shall be completed within 60 calendar days from the date of receipt of the complaint unless the complainant agrees in writing to an extension of the timeline.

b. An unlawful discrimination on the basis of a protected class complaint must be filed not later than six (6) months from the date the alleged discrimination occurs, or six (6) months from the date the complainant first obtains knowledge of the facts of the alleged discrimination.

c. The complainant has a right to appeal the District's decision to the California Department of Education ("CDE") by filing a written appeal within 15 days of receiving the District's decision.

d. The appeal to the CDE must include a copy of the complaint filed with the district and a copy of the district's decision.

e. Advise the complainant of any civil law remedies that may be available to him/her under state or federal discrimination laws, if applicable, including the right to file a complaint of discrimination/harassment on the basis of a protected class with the Office for Civil Rights.

Recognition of Right to Privacy

The Board of Education acknowledges and respects every individual's right to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the integrity of the process. This may include keeping the identity of the complainant and/or witnesses confidential, as appropriate and except to the extent necessary to carry out the investigation or proceedings, as determined by the Superintendent or designee, on a case-by-case basis. (5 CCR §4630).

Retaliation

The Board of Education prohibits any form of retaliation against any complainant. 5 CCR §4621.

Mediation

The Board of Education recognizes that a neutral mediator can often suggest a compromise that is agreeable to all parties in a dispute. In accordance with AR 1312.3, whenever all parties to a complaint agree to try resolving their problem through mediation, the Compliance Officer or his/her designee shall initiate that process. The Compliance Officer or his/her designee shall ensure that the results are consistent with state and federal laws and regulations.

 

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

222 Reasonable accommodations; lactating students

8200-8498   Child care and development programs

8500-8538  Adult basic education

18100-18203  School libraries

32280-32289  School safety plan, uniform complaint procedures

35186  Williams uniform complaint procedures

44500-44508  California Peer Assistance and Review Program for Teachers

48853.48853.5  Foster youth

48985   Notices in language other than English

49010-49013  Student fees

49060-49079  Student records

49069.5  Rights of parents

49490-49590  Child nutrition programs

49701  Interstate Compact on Educational Opportunity for Military Children

51210  Courses of study grades 1-6

51225.1-51225.2  Foster youth, homeless children, former juvenile court school students, and military-connected students; course credits; graduation requirements

51226-51226.1  Career technical education

51228.1-51228.3  Course periods without educational content

52060-52077  Local control and accountability plan, especially:

52075  Complaint for lack of compliance with local control and accountability plan requirements

52160-52178  Bilingual education plans

52300-52462  Career technical education

52500-52616.24  Adult schools

54000-54029  Economic Impact Aid

54400-54425  Compensatory education programs

56000-56865  Special education programs

59000-59300  Special schools and centers

64000-64001  Consolidated application process

GOVERNMENT CODE

11135  Nondiscrimination in programs or activities funded by state

12900-12996  Fair Employment and Housing Act

HEALTH AND SAFETY CODE

104420  Tobacco Use Prevention Education

PENAL CODE

422.55 Hate crime; definition

422.6  Interference with constitutional right or privilege

CODE OF REGULATIONS, TITLE 2

11023  Harassment and discrimination prevention and correction

CODE OF REGULATIONS, TITLE 5

3080  Application of section

4600-4687  Uniform complaint procedures

4900-4965  Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1221  Application of laws

1232g  Family Education Rights and Privacy Act

1681-1688  Title IX of the Education Amendments of 1972

6301-6576  Title I basic programs

6801-7014  Title III language instruction for limited English proficient and immigrant students

7101-7184  Safe and Drug-Free Schools and Communities Act

7201-7283g  Title V promoting informed parent choice and innovative programs

12101-12213  Title II equal opportunity for individuals with disabilities

UNITED STATES CODE, TITLE 29

794  Section 504 of Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-200e-17  Title VI and Title VII  Civil Rights Act of 1964, as amended

2000h-2-2000h-6  Title IX of the Civil Rights Act of 1964

6101-6107  Age discrimination Act of 1975

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67  Family Educational Rights and Privacy Act

100.3  Prohibition of discrimination on basis of race, color, or national origin

104.7  Designation of responsible employee for  Section 504

106.8  Designation of responsible employee for Title IX

106.9  Notification of nondiscrimination on basis of sex

110.25  Notification of nondiscrimination on the basis of age

 

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Sample UCP Board Policies and Procedures

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter:  Title IX Coordinators, April 2015

Dear Colleague Letter: Bullying of Students with Disabilities, 2013

Dear Colleague Letter:  Harassment and Bullying, October 2010

Revised Sexual Harassment Guidance:  Harassment of students by School Employees, Other Students, or Third Parties, January 2001

U.S. DEPARTMENT OF JUSTICE PUBLICATIONS

Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 2002

WEBSITES

CSBA:  http://csba.org

California Department of Education:  http://cde.ca.gov

Family Compliance Office:  http://familypolicy.ed.gov

U.S. Department of Education, Office for Civil Rights:  http://www.ed.gov/ocr

U.S. Department of Justice:  http://www.justice.gov

 

Policy Adopted: December 6, 2011
Policy Revised: June 26, 2012
Policy Revised: January 12, 2016

Policy Revised: August 21, 2018

Policy Revised: September 11, 2018

 

Form 1312.3

Administrative Regulation