Board Policy on Uniform Complaint Procedure

Board Policy 1312.3

Board Policy 1312.3

Board Policy 1312.3

San Francisco Unified School District & County Office of Education

Board Policy 1312.3

Uniform Complaint Procedures

This Board Policy applies to the San Francisco Unified School District and the County Office of Education, including community school programs and activities

The Governing Board recognizes that the District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early, informal resolution of complaints whenever possible and appropriate. To resolve complaints which cannot be resolved through such informal process, the Board shall adopt a uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation.

The District's uniform complaint procedures (UCP) shall be used to investigate and resolve the following complaints:

  1. Any complaint alleging District violation of applicable state or federal law or regulations governing adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, and special education programs, after school education and safety programs, agricultural career technical education, agricultural vocational education programs, American Indian education centers and early childhood education program assessments, bilingual education programs, California peer assistance and review programs for teachers, career technical education programs, technical training, compensatory education programs, economic impact aid programs, education of pupils in foster care, pupils who are homeless, and former juvenile court pupils now enrolled in a school District, children of military families, English learner programs, every student succeeds act/no child left behind (Titles I-VII), regional occupational centers and programs, school safety plans, state preschool programs, tobacco-use prevention education programs. (5 CCR 4610, Education Code 222,32280-32289, 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2, 46015, 8200-8493, 8482-8484.65, 8500-8538, 51226-51226.1, 520529, 52334.7, 52500-52616.4, 52460-52462, 52300-52462, 54400, 20 United States Code [20 U.S.C.] 6301 et seq.)
     
  2. Any complaint alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, in District programs and activities against any person based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her 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, which is funded directly by, or that receives or benefits from any state financial assistance. (Government Code 11135, Education Code 200, 220, 234.1, 52075(e); 5 CCR 4622))
     
  3. Any complaint alleging bullying in District programs and activities that is severe or pervasive physical or verbal conduct that places a student in reasonable fear of harm. Bullying includes cyber-bullying, intimidating, or bullying that is not based on a person’s actual or perceived characteristic of, or association with, a protected class (as listed above).
     
  4. Any complaint alleging sexual harassment and/or other gender discrimination, in violation of Title IX of the Education Amendments of 1972, California Education Code section 220, or other applicable laws.
     
  5. Any complaint alleging District violation of the prohibition against requiring students to pay fees (Pupil Fees), deposits, or other charges for participation in educational activities and/or LCAP. (Education Code 234.11, 49010-49011, 5 CCR 4610, 4620-4621, 52075)
     
  6. Any complaint alleging District noncompliance with applicable requirements of Education Code 52060-52077 related to the implementation of the local control and accountability plan, including the development of a local control funding formula budget overview for parents/guardians (Education Code 52075, Government Code 17581.6 (f) ) 
     
  7. 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.
     
  8. Any complaint alleging that a school is not meeting the minimum Physical Education instruction minutes (400 minutes per 10 school days for high school and 200 minutes per 10 school days for 1-8th grade), as required by state law. (Education Code 51210- 51223)
     
  9. Any complaint alleging District noncompliance with the requirement to provide reasonable accommodation to a lactating student/pupil on school campus to express breast milk, breastfeed an infant child, or address other breastfeeding-related needs of the student. (Education Code 222)
     
  10. Any complaint alleging District noncompliance with requirements to provide a pregnant or parenting student the accommodations specified in Education Code 46015, including those related to the provision of parental leave, right of return to the school of previous enrollment or to an alternative education program, if desired, and possible enrollment in school for a fifth year of instruction to enable the student to complete state and Board-imposed graduation requirements. (Education Code 46015)
     
  11.  Any complaint, by or on behalf of a student who transfers into the District after the second year of high school and is a homeless child or youth as defined in 42 USC 11434a, a former juvenile court school student currently enrolled in the District, a child of a military family as defined in Education Code 49701, or a migrant student (Migrant Education) as defined in Education Code 54441, or by or on behalf of an immigrant student participating in a newcomer program as defined in Education Code 51225.2 in the third or fourth year of high school, alleging District noncompliance with any requirement applicable to the student regarding the grant of an exemption from Board-imposed graduation requirements. (Education Code 51225.1, 54440-54445)
     
  12. Any complaint, by or on behalf of a student who is a homeless child or youth as defined in 42 USC 11434a, a former juvenile court school student, a child of a military family as defined in Education Code 49701, a migrant child as defined in Education Code 54441, or a newly arrived immigrant student who is participating in a newcomer program as defined in Education Code 51225.2, alleging District noncompliance with requirements for the award of credit for coursework satisfactorily completed in another school, District, or country. (Education Code 51225.2)
     
  13. Any complaint alleging that a school has incorrectly placed a 9th-12th grade student in a course period without educational content for more than one week in any semester, other than the acceptable prescribed conditions. (Education Code 51228.1, 51228.2, and 51228.3)
     
  14. Any complaint alleging noncompliance with requirements related to the establishment of school site councils or the development of the SPSA. (Education Code 64001, 65000).
     
  15. Any complaint alleging noncompliance with requirements related to the development of a school plan for student achievement or the establishment of a school site council, as required for the consolidated application for specified federal and/or state categorical funding (Education Code 64000-64001, 65000-65001)
     
  16. Any complaint alleging noncompliance with requirements related to State Preschool Health and Safety Issues in Local Educational Agencies Exempt from Licensing (Education Code 8235.5(a), 33315, Government Code 17581.6 (f)); California Health & Safety Code 1596.7925)
     
  17. Any other complaint as specified in a District policy.

 

The District shall investigate and seek to resolve, in accordance with our Uniform Complaint Procedure, complaints alleging failure to comply with applicable state and federal laws and regulations including, but not limited to, allegations of discrimination, harassment, intimidation, or bullying or noncompliance with laws relating to all programs and activities implemented by the District that are subject to the Uniform Complaint Procedure.

The Board recognizes that alternative dispute resolution (ADR) can, depending on the nature of the allegations, offer a process to reach a resolution to the complaint that is agreeable to all parties. One type of ADR is mediation, which shall 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 involving sexual assault or 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 state and federal laws and regulations.

All individuals who file a complaint in accordance with the District’s Uniform Complaint Procedures Policy are protected from retaliation. (Education Code 234.1, 5 CCR §4621(a) ) In investigating complaints, the confidentiality of the parties involved shall be protected as required by law. For any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the Superintendent or designee shall keep the identity of the complainant, and/or the subject of the complaint if he/she is different from the complainant, confidential when appropriate and as long as the integrity of the complaint process is maintained.

All individuals who file a complaint in accordance with the District's Uniform Complaint Procedure are advised of the right to pursue civil law remedies under state or federal discrimination harassment, intimidation or bullying laws.

When an allegation that is not subject to the Uniform Complaint Procedure is included in a Uniform Complaint , the District shall refer the non-Uniform Complaint allegation to the appropriate staff or agency and shall resolve the Uniform Complaint -related allegation(s) through the District's Uniform Complaint Procedure.

The Superintendent or designee shall provide training to District staff to ensure awareness and knowledge of current law and related requirements, including the steps and timelines specified in this policy and the accompanying administrative regulation.

The Superintendent or designee shall maintain records of all Uniform Complaints and the investigations of those complaints. All such records shall be destroyed in accordance with applicable state law and District policy.

Non-Uniform Complaints Referred to Outside Agencies

The following complaints shall not be subject to the District's Uniform Complaint Procedure but shall be referred to the specified agency: (5 CCR 4611)

  1. Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency.
     
  2. Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to Department of Social Services and shall, for licensing-exempt facilities, be referred to the appropriate Child Development regional administrator.
     
  3. Any complaint alleging fraud shall be referred to the California Department of Education

Student Expulsion Appeals
 

Any appeal of a student expulsion alleging that the Board of Education failed to meet state legal requirements as specifically described in Education Code 48922 will be investigated and resolved by the District in accordance with the specific procedures set forth in AR 1312.3 - Uniform Complaint Procedures.
 

Other Complaints Not Subject to the Uniform Complaint Procedures

  1. Americans with Disabilities Act
    Any complaint alleging physical barriers to accessing District programs, services, activities and facilities under the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act of 1973 will be investigated and resolved by the District in accordance with the procedure specified in AR 1312.5 - ADA Grievance Process.
     
  2. Section 504
    Any complaint alleging disagreements with decisions or actions taken or not taken in regard to a student's Section 504 evaluation or plan under Section 504 of the Rehabilitation Act of 1973 will be investigated and resolved by the District in accordance with the procedure specified in AR 1312.6 - Section 504 Grievance process.
     
  3. Employment Discrimination or Harassment
    Any complaint alleging employment discrimination or harassment shall be investigated and resolved by the District in accordance with the procedures specified in AR 4030 - Nondiscrimination in Employment.
     
  4. Williams Complaints
    In addition, the 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. (Education Code 35186). Complaints alleging health and safety violations in license-exempt California State Preschool programs are subject to Williams Uniform Complaint Procedure.

 

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination

8200-8498 Child care and development programs

8500-8538 Adult basic education

18100-18203 School libraries

32289 School safety plan, uniform complaint procedures

35186 Williams uniform complaint procedures

48985 Notices in language other than English

49010-49013 Student fees

49060-49079 Student records

49490-49590 Child nutrition programs

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 programs

52300-52490 Career technical education

52500-52616.24 Adult schools

52800-52870 School-based program coordination

54400-54425 Compensatory education programs

54440-54445 Migrant education

54460-54529 Compensatory education programs

56000-56867 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

PENAL CODE

422.55 Hate crime; definition

422.6 Interference with constitutional right or privilege

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 Educational Rights and Privacy Act

1681-1688 Title IX of the Education Amendments of 1972

6301-6577 Title I basic programs

6801-6871 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 parental choice and innovative programs

7301-7372 Title V rural and low-income school 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-2000e-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 28

35.107 Nondiscrimination on basis of disability; complaints

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy

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:

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

Questions and Answers on Title IX and Sexual Violence, April 2014

Dear Colleague Letter: Bullying of Students with Disabilities, August 2013

Dear Colleague Letter: Sexual Violence, April 2011

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

WEB SITES

CSBA: http://www.csba.org

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

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

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.

 

Cross References

Second Reading: November 12, 2019

Rules Committee: November 4, 2019

First Reading: October 29, 2019

Revised: June 11, 2019

Revised: March 12, 2019

Revised: May 22, 2018

Revised: September 29, 2015

Revised: September 9, 2014

Revised: September 24, 2013

Revised: March 12, 2013

Revised: November 12, 2002

Revised: June 8, 1999

Revised: August 24, 1993 (P1340 bifurcated into 2 policies)

Revised: February 22, 1983

Revised: January 27, 1981

Revised: August 9, 1977

First Adopted: May 24, 1977