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

According to state and federal codes and regulations, the programs and activities subject to the Uniform Complaint Procedures are:

  1. Accommodations for pregnant and Parenting Pupils
  2. Adult Education
  3. After School Education and Safety
  4. Agricultural Career Technical Education
  5. Career technical and technical education and career technical and technical training programs
  6. Child care and development programs
  7. Compensatory education
  8. Consolidated categorical aid programs
  9. Course periods without educational content
  10. Discrimination, harassment, intimidation, or bullying, including discrimination as described in Education Code (EC) section 243, against any protected group as identified under Education Code (EC) sections 200 and 220 and Government Code Section 11135, including any actual or perceived characteristics as set forth in Penal Code Section 422.55 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 an educational institution, as defined in EC Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance. 
  11. Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families and pupils formerlyin a juvenile court now enrolled in a school District, pupils who are migratory, and pupils participating in a newcoming program.
  12. Every Student Succeeds Act
  13. Local control and accountability plan (LCAP)
  14. Migrant education
  15. Physical education instructional minutes
  16. Pupil fees
  17. Reasonable accommodations to a lactating pupil
  18. Regional occupational centers and programs
  19. School plans for student achievement
  20. School site councils
  21. State preschool
  22. State preschool health and safety issues in LEAs Exempt from Licensing
  23. And any other state or federal educational program the State Superintendent of Public Instruction (SSPI) of the California Department of Education (CDE) or designee deems appropriate.

Additionally, the District has decided that 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.

The District's Responsibilities

The Governing Board recognizes that the District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations. 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 District shall investigate and seek to resolve, in accordance with the District's approved UCP process, 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 the District implements that are subject to the UCP. The District developed the UCP process with policies and procedures adopted by the governing board or the authorized designee.

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.

The District ensures that complainants 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/they is/are different from the complainant, confidential when appropriate and as long as the integrity of the complaint process is maintained.

The District investigates all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group. Unlawful discrimination, harassment, intimidation or bullying complaints shall be filed no later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.

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, including, but not limited to injunctions, restraining orders, or other remedies or orders that may also be available to complainants.

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.

Other Complaints Not Subject to the Uniform Complaint Procedures

The following complaints shall be referred to the specified agencies for appropriate resolution and are not subject to our Uniform Complaint Procedures set forth in this policy:

  1. Child Abuse
    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) Additionally, complaints alleging District staff have committed child abuse against students shall be referred to Employee Relations and promptly investigated per Board Policy 4019
  2. Health and Safety Violations by Child Development Program
    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)
  3. Sexual Harassment
    Any complaint alleging that a student, while in an education program or activity in which the District exercises substantial control over the context and respondent, was subjected to sexual harassment as defined in 34 CFR 106.30 shall be addressed through the federal Title IX complaint procedures adopted pursuant to 34 CFR 106.44-106.45, as specified in AR 5145.71 - Title IX Sexual Harassment Complaint Procedures
  4. 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.
  5. 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.
  6. 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, including notifying the complainant of the right to file the complaint with the California Department of Fair Employment and Housing.
  7. 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). Additionally, any complainant alleging insufficient textbooks or supplemental materials also has the right to file the complaint directly with the State Superintendent of Public Instruction.
  8. Special Education Complaints

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. (5 CCR 3200-3204), Complaints of 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

Cross References

Revised February 13, 2024

Revised: October 11, 2022

Revised: June 22, 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

This page was last updated on February 14, 2024