Board Policy on Uniform Complaint Procedure

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 an informal process, the Board shall adopt a uniform system of complaint processes specified in 5 CCR 4600-4694 and the accompanying administrative regulation.

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

  1. Accommodations for pregnant and parenting students  (Education Code 46015)
     
  2. Adult education programs  (Education Code 8500-8538, 52334.7, 52500-52617)
     
  3. After School Education and Safety programs  (Education Code 8482-8484.65)
     
  4. Agricultural career technical education  (Education Code 52460-52462)
     
  5. Career technical and technical education and career technical and technical training programs (Education Code 52300-52462)
     
  6. Child care and development programs  (Education Code 8200-8498)
     
  7. Compensatory education  (Education Code 54400)
     
  8. Consolidated categorical aid programs  (Education Code 33315; 34 CFR 299.10-299.12)
     
  9. Course periods without educational content, when students in grades 9-12 are assigned to such courses more than one week in any semester or in a course the student has previously satisfactorily completed, unless specified conditions are met (Education Code 51228.1-51228.3)
     
  10. 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 the person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, 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 the person's association with a person or group with one or more of these actual or perceived characteristics  (5 CCR 4610)
     
  11. Educational and graduation requirements for students in foster care, homeless students, students from military families, students formerly in a juvenile court school, migrant students, and immigrant students participating in a newcomer program  (Education Code 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)
     
  12. Every Student Succeeds Act  (Education Code 52059; 20 USC 6301 et seq.)
     
  13. Local control and accountability plan  (Education Code 52075)
     
  14. Migrant education  (Education Code 54440-54445)
     
  15. Physical education instructional minutes  (Education Code 51210, 51222, 51223)
     
  16. Student fees  (Education Code 49010-49013)
     
  17. Reasonable accommodations to a lactating student  (Education Code 222)
     
  18. Regional occupational centers and programs  (Education Code 52300-52334.7)
     
  19. School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding  (Education Code 64001)
     
  20. School safety plans  (Education Code 32280-32289)
     
  21. School site councils as required for the consolidated application for specified federal and/or state categorical funding  (Education Code 65000)
     
  22. State preschool programs  (Education Code 8235-8239.1)
     
  23. State preschool health and safety issues in license-exempt programs  (Education Code 8235.5)
     
  24. 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
     
  25. Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate

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 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
     

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.
     
  5. 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. (5 CCR 3200-3204), Complaints of Disability discrimination can still be filed in accordance with this policy. 

  1. Nutrition Services

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 BP 3555 - Nutrition Program Compliance.  (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 BP 3555 - Nutrition Program Compliance.  (5 CCR 15582)

 

 

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: June 22, 2021

Rules Committee: June 7, 2021

First Reading: May 25, 2021

Revised: November 12, 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