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 4600-4670 the Board of Education has adopteds this Uniform Complaint Policy (UCP).
Complaints Subject to UCP
The District shall have the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The District shall investigate and seek to resolve, in accordance with our Uniform Complaint Policy, any complaints alleging failure to comply with applicable state and federal laws and regulations including, allegations of unlawful discrimination, harassment, intimidation, bullying or noncompliance with laws relating to all programs and activities implemented that are subject to the UCP.
The District's Uniform Complaint Procedures shall be used to investigate and resolve complaints regarding the following programs and activities operated by the Irvine Unified School District, or the following topic areas:
- Accommodations for pregnant and parenting students (Education Code 46015)
- Adult education programs (Education Code 8500-8538, 52334.7, 52500-52617)
- After school education and safety programs (Education Code 8482-8484.65)
- Agricultural career technical education (Education Code 52460-52462)
- Career technical and technical education, and career technical and technical training programs (Education Code 52300-52462)
- Child care and development programs (Education Code 8200-8488)
- Compensatory education (Education Code 54400)
- Consolidated categorical aid programs (Education Code 33315; 34 CFR 299.10-299.12)
- Course periods without educational content (Education Code 51228.1-51228.3)
- Discrimination, harassment, intimidation, or bullying in District programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on a person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, physical or mental disability, medical condition, or genetic information; any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55; or based on the person's association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610)
Discrimination includes, but is not limited to, the Board's refusal to approve the use or prohibit the use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library, on the basis that it includes a study of the role and contributions of any individual or group consistent with the requirements of Education Code 51204.5 and 60040, unless such study would violate Education Code 51501 or 60044. Additionally, discrimination includes, but is not limited to, the Board's adoption or approval of use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library if the use would subject a student to unlawful discrimination pursuant to Education Code 220. A complaint alleging such unlawful discrimination may, in addition to or in lieu of being filed with the District, be directly filed with the Superintendent of Public Instruction (SPI). (Education Code 243, 244)
The UCP shall not be used to investigate and resolve employment discrimination complaints. (5 CCR 4611) - Educational and graduation requirements for students in foster care, students experiencing homelessness, students from military families, students formerly in a juvenile court school, students who are migratory, and newcomer students (Education Code 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)
- Every Student Succeeds Act (Education Code 52059.5; 20 USC 6301 et seq.)
- Instructional Materials and Curriculum: Diversity (Education Code 60040)
- Local Control and Accountability Plan (LCAP) (Education Code 52075)
- Migrant education (Education Code 54440-54445)
- Physical education instructional minutes (Education Code 51210, 51222, 51223)
- Student fees (Education Code 49010-49013)
- Reasonable accommodations to a lactating student (Education Code 222)
- Regional occupational centers and programs (Education Code 52300-52334.7)
- School Plans for Student Achievement (SPSA) as required for the consolidated application for specified federal and/or state categorical funding (Education Code 64001)
- School site councils as required for the consolidated application for specified federal and/or state categorical funding (Education Code 65000)
- State preschool programs (Education Code 8207-8225)
- State preschool health and safety issues in license-exempt programs (Education Code 8212)
- Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy
- Any other state or federal educational program the SPI or designee deems appropriate
Non-UCP Complaints
The following complaints shall not be subject to the District's UCP but shall be investigated and resolved by the specified agency or through an alternative process:
- Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services, Protective Services Division or the appropriate law enforcement agency (5 CCR 4611)
- Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to the Department of Social Services (5 CCR 4611)
- Any complaint alleging that a student, while in an education program or activity, was subjected to conduct known to the District that may reasonably constitute sex discrimination under Title IX, including sex-based harassment, as defined in 34 CFR 106.2
Discrimination on the basis of sex includes sex stereotypes; sex characteristics; sexual orientation; gender; gender identity; gender expression; pregnancy, childbirth, termination of pregnancy, or lactation, including related medical conditions or recovery; and parental, marital, and family status. Such a complaint shall be addressed through the federal Title IX complaint procedures adopted pursuant to 34 CFR 106.44-106.45, as specified in Administrative Regulation 5145.71 - Title IX Sexual Harassment Complaint Procedures. (34 CFR 106.2, 106.10, 106.11, 106.44) - Except for complaints alleging sex discrimination, including sex-based harassment, any complaint alleging employment discrimination or harassment shall be investigated and resolved by the District in accordance with the procedures specified in Administrative Regulation 4030 - Nondiscrimination in Employment, including the right to file the complaint with the California Civil Rights Department
Employment complaints alleging sex discrimination, including sex-based harassment, shall be investigated and resolved as specified in 34 CFR 106.44 and 106.45 and Administrative Regulation 4119.12 Title IX Sexual Harassment Complaint Procedures - Employees. - Any complaint alleging a violation of a state or federal law or regulation related to special education, a settlement agreement related to the provision of a Free Appropriate Public Education (FAPE), failure or refusal to implement a due process hearing order to which the District is subject, or a physical safety concern that interferes with the District's provision of FAPE shall be submitted to the California Department of Education (CDE) in accordance with Procedural Safeguards and Complaints for Special Education (5 CCR 3200-3205)
- Any complaint alleging noncompliance of the District's food service program with laws regarding meal counting and claiming, reimbursable meals, eligibility of children or adults, or use of cafeteria funds and allowable expenses shall be filed with or referred to CDE in accordance with (5 CCR 15580-15584)
- Any allegation of discrimination based on race, color, national origin, sex, age, or disability in the District's food service program shall be filed with or referred to the U.S. Department of Agriculture in accordance with (5 CCR 15582)
- Any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments shall be investigated and resolved in accordance with Administrative Regulation 1312.4 - Williams Uniform Complaint Policy (Education 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, Administrative Regulation 1312.1, and corresponding forms.
Timelines
All complaints filed pursuant to Board Policy 1312.3 must be filed within one (1) year from the date of the alleged violation, except complaints of unlawful discrimination, harassment, intimidation or bullying complaints shall be filed no later than six (6) months from the date of the alleged violation.
Designated Compliance Officer
The Board of Education designates the following Compliance Officer to receive, investigate, and prepare an Investigation Report 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 their duties relating to investigation and preparation of an Investigation Report 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 an Investigation Report is knowledgeable about the laws, programs or other subject matter for which they are designated to investigate. (5 CCR 4621). Designated employees may have access to legal counsel if deemed appropriate and necessary by the Compliance Officer.
The UCP Annual Notice
The Superintendent or 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 members, school advisory committees, appropriate private school officials or representatives, and other interested parties.
This notice shall also be provided on the District’s website and shall include the following:
- Information regarding allegations about discrimination, harassment, intimidation, or bullying
- The list of all federal and state programs within the scope of the UCP
- The title and position of the UCP Compliance Officer responsible for processing complaints
- A statement that the UCP Compliance Officer responsible for processing complaints is knowledgeable about the laws and programs they are assigned to investigate
- A statement that, in order to identify appropriate subjects of state preschool health and safety issues pursuant to Section 1596.7925 of the Health and Safety Code (HSC), a notice, separate from the UCP Annual Notice, shall be posted in each California state preschool program classroom in each school in the local educational agency notifying parents/guardians, pupils, and teachers of (1) the health and safety requirements under Title 5 of the California Code of Regulations (5CCR) that apply to California state preschool programs pursuant to HSC Section 1596.7925, and (2) the location at which to obtain a form to file a complaint
Recognition of Right to Privacy
The Board of Education acknowledges and respects every individual's right to privacy. Discrimination, harassment, intimidation or bullying 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.
Retaliation
The Board of Education prohibits any form of retaliation against any complainant. The Superintendent or designee shall ensure that complainants are protected from retaliation.
The Board of Education recognizes that Alternative Dispute Resolution (ADR) can, depending on the nature of the allegation(s), offer a process for resolving a complaint in a manner that is acceptable to all parties. An ADR process such as mediation may be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint where there is a reasonable risk that a party to the mediation would feel compelled to participate. The Superintendent or designee shall ensure that the use of ADR is consistent with federal, state, and local laws and regulations.
Records
The Superintendent or designee shall maintain a record of each complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with 5 CCR 4631 and 4633.
Public Records
All complaints and written responses shall be public records. (Education Code 35186; 5 CCR 4686)
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
Policy Revised: December 11, 2018
Policy Revised: August 17, 2021
Policy Revised: August 27, 2024