7.4 Williams Uniform Complaint Procedures

Williams Uniform Complaint Procedures

i. Policy

Complaints 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, and teacher vacancies and misassignment and certain EED health and safety conditions shall be investigated pursuant to the district's Williams uniform complaint procedure.  

ii. Complaint procedures

The district shall use the following procedures to investigate and resolve complaints when the complainant alleges that any of the following has occurred for TK-12 Complaints:  (CA Education Code 35186; 5 CA Code of Regulations 4681, 4682, 4683)

  • 1. Textbooks and instructional materials

    • a. A student, including an English learner, does not have standards-aligned textbooks or instructional materials or state- or district-adopted textbooks or other required instructional materials to use in class.
    • b. A student does not have access to textbooks or instructional materials to use at home or after school.  This does not require two sets of textbooks or instructional materials for each student.
    • Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
    • c. A student was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.
  • 2. Teacher vacancy or misassignment

    • a. A semester begins and a teacher vacancy exists.
    • b. A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner students in the class.
    • c. A teacher is assigned to teach a class for which the teacher lacks subject matter competency.

      Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of the semester for an entire semester.  (CA Education Code 35186; 5 CA Code of Regulations 4600)

      Beginning of the year or semester means the first day classes necessary to serve all the students enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day students attend classes for that semester. (5 CA Code of Regulations 4600)

      Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.  (CA Education Code 35186; 5 CA Code of Regulations 4600)
  • 3. Facilities

    • a. A condition poses an emergency or urgent threat to the health or safety of students or staff.

      Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of students or staff while at school, including, but not limited to, gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems; electrical power failure; major sewer line stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to students or staff; structural damage creating a hazardous or uninhabitable condition; or any other condition deemed appropriate. (CA Education Code 17592.72)
       
    • b. A school restroom has not been cleaned, maintained, or kept open in accordance with CA Education Code 35292.5.

      Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, or paper towels or functional hand dryers.   (CA Education Code 35292.5)

      Open restroom means the school has kept all restrooms open during school hours when students are not in classes and has kept a sufficient number of restrooms open during school hours when students are in classes.  This does not apply when the temporary closing of the restroom is necessary for student safety or to make repairs. (CA Education Code 35292.5)
       
    • c. For a school that serves students in any of grades 6-12 with 40 percent of more of its students from low-income families, the school has not stocked at least half of its restrooms with feminine products at all times and made those products available to students at no cost.  (CA Education Code 35292.6)
       
  • 4. For EED Complaints: 

    • Complaints regarding the noncompliance of a license-exempt California State Preschool Program (CSPP) with health and safety standards specified in Health and Safety Code 1596.7925 and related state regulations, including any complaint alleging that: (CA Education Code 8235.5; Health and Safety Code 1596.7925)

      • a. The preschool does not have outdoor shade that is safe and in good repair.

      • b. Drinking water is not accessible and/or readily available throughout the day.

      • c. The preschool does not provide safe and sanitary restroom facilities with one toilet and hand washing fixture for every 15 children.

      • d. Restroom facilities are not available only for preschoolers and kindergartners.

      • e. The preschool program does not provide visual supervision of children at all times. 

      • f. Indoor or outdoor space is not properly contained or fenced or does not provide sufficient space for the number of children using the space at any given time.

      • g. Playground equipment is not safe, in good repair, or age appropriate.

iii. Filing of complaint

A complaint alleging any condition(s) specified in items #1-3  for TK-12 Complaints or in items a-g for EED Complaints in the section entitled "Types of Complaints" above shall be filed with the principal or designee at the school in which the complaint arises.  The principal or designee shall forward a complaint about problems beyond their authority to the Superintendent or designee in a timely manner, but not to exceed 10 working days.  (CA Education Code 35186; 5 CA Code of Regulations 4680)

iv. Investigation and response

The principal or designee shall make all reasonable efforts to investigate any problem within their authority.  They shall remedy a valid complaint within a reasonable time period not to exceed 30 working days from the date the complaint was received.  (CA Education Code 35186; 5 CA Code of Regulations 4685)

Complaints may be filed anonymously.  If the complainant has indicated on the complaint form that they would like a response to the complaint, the principal or designee shall report the resolution of the complaint to him/her within 45 working days of the initial filing of the complaint. If a response is requested, the response shall be made to the mailing address of the complainant as indicated on the complaint form.  At the same time, the principal or designee shall report the same information to the Superintendent or designee.  (CA Education Code 35186; 5 CA Code of Regulations 4680, 4685)

When Education Code 48985 is applicable and the complainant has requested a response, the response shall be written in English and in the primary language in which the complaint was filed.  (CA Education Code 35186)

If a complainant is not satisfied with the resolution of a complaint, they has the right to describe the complaint to the Governing Board of Education at a regularly scheduled meeting.  (CA Education Code 35186; 5 CA Code of Regulations 4686)

For any complaint concerning a facilities condition that poses an emergency or urgent threat to the health or safety of students or staff as described in item #3a in the section entitled "Types of Complaints" above, a complainant who is not satisfied with the resolution proffered by the principal or Superintendent or designee may file an appeal to the Superintendent of Public Instruction within 15 days of receiving the district's response.  The complainant shall comply with the appeal requirements specified in 5 CA Code of Regulations 4632.  (CA Education Code 35186; 5 CA Code of Regulations 4687)

All complaints and written responses shall be public records. (CA Education Code 35186; 5 CA Code of Regulations 4686)

v. Reports

The Superintendent or designee shall report summarized data on the nature and resolution of all complaints to the Board and the County Superintendent of Schools on a quarterly basis.  The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. These summaries shall be publicly reported on a quarterly basis at a regularly scheduled Board meeting.  (CA Education Code 35186; 5 CA Code of Regulations 4686)

vi. Forms and notices

The Superintendent or designee shall ensure a Williams complaint form is available at each school.   However, complainants need not use the District's complaint form in order to file a complaint.  (CA Education Code 35186; 5 CA Code of Regulations 4680)

The Superintendent or designee shall ensure that the district's complaint form contains a space to indicate whether the complainant desires a response to their complaint and specifies the location for filing a complaint.  A complainant may add as much text to explain the complaint as they wishes. (CA Education Code 35186; 5 CA Code of Regulations 4680)

The Superintendent or designee shall ensure that a notice is posted in each classroom in each school containing the components specified in CA Education Code 35186.  (CA Education Code 35186).