Uniform Complaint Procedure
SFUSD has the primary responsibility to ensure compliance with applicable state and federal laws and regulations, and shall investigate complaints alleging failure to comply with those laws and regulations alleging discrimination, harassment, intimidation, and/or bullying and unauthorized charging of pupil fees for educational activities. SFUSD seeks to resolve complaints early and through informal resolution whenever possible and appropriate. To resolve complaints which cannot be resolved through early, informal process, the district shall seek to resolve those complaints in accordance with the procedures set out in Sections 4600-4687 of the Title 5 Regulations and the policies and procedures of the District.
Complaints investigated through UCP
SFUSD utilizes the UCP to investigate and resolve complaints related to the following:
- Unlawful discrimination, harassment, intimidation, or bullying based on actual or perceived disability, gender, gender identity, gender expression, sexual orientation, nationality, race or ethnicity, religion, sexual orientation.
- Bullying or hazing.
- Complaints alleging failure to comply with state or federal law in adult basic education, consolidated categorical aid programs, migrant education, vocational education, child care and development programs.
- LAU violations
The following complaints shall not be subject to SFUSD’s UCP but shall be referred to the specific agency:
- Any complaint alleging child abuse or neglect [referred to the Count Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency]
- Any complaint alleging health and safety violations by a child development program [referred to Department of Social Services (licensed facilities) or Child Development regional administrator (licensing-exempt facilities).
The following complaints are also not subject to the Uniform Complaint Procedures:
- Americans with Disabilities Act - Any complaint alleging barriers to accessing District programs, services, activities, and facilities under the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act of 1972.
- Section 504 - Any complaint alleging disagreement with decisions or actions taken or not taken in regards to a student's Section 504 evaluation or plan.
- Employment Discrimination or Harassment - Shall be resolved and investigated in accordance with AR 4030 - Nondiscrimination in Employment.
- Williams Complaint - District's Williams Uniform Complaint Procedures, AR 1312.4, shall be used to investigate and resolve 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 mis-assignments.
- Special Education Complaints - Any complaint alleging District violation of applicable state or federal law or regulations governing special education, including Due Process and FAPE concerns, should be filed with the California Department of Education.
Scope of Investigations (5 CCR 4630)
A complaint must be initiated by filing a complaint not later than six months from the date of the alleged discrimination, harassment, intimidation, or bullying occurred, or a date the complaint first had knowledge of the alleged discrimination, harassment, intimidation or bullying.
The period for filing may be extended by the Office of Equity for good cause for a period not to exceed 90 days following the expiration of the six month time period.
Timeline for Investigations (5 CCR 5631)
SFUSD shall complete its investigation within 60 calendar days from the date of receipt of the complaint unless the complainant agrees in writing to an extension of the timeline.