Board Policy on Uniform Complaint Procedure

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 Programs
3. After School Education and Safety Programs
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,  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 a person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, physical or mental disability, medical condition, or genetic information; any other characteristic  identified inEducation Code (EC) sections 200 and 220 and Government Code Section 11135, or Penal Code Section 422.55; or based on the  person's association with a person or group with one or more of these actual or perceived characteristics

Discrimination includes, but is not limited to, the Board's refusal to approve the use or prohibit the use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library, on the basis that it includes a study of the role and contributions of any individual or group consistent with the requirements of Education Code 51204.5 and 60040, unless such study would violate Education Code 51501 or 60044. Additionally, discrimination includes, but is not limited to, the Board's adoption or approval of use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction, or any book or other resource in a school library if the use would subject a student to unlawful discrimination pursuant to Education Code 220. A complaint alleging such unlawful discrimination may, in addition to or in lieu of being filed with the district, be directly filed with the Superintendent of Public Instruction (SPI). (Education Code 243, 244)

The UCP shall not be used to investigate and resolve employment discrimination complaints. (5 CCR 4611)

11. Educational and graduation requirements for students in foster care, students experiencing homelessness, students  from military families,  students formerly in a juvenile court school, students who are migratory, and newcomer students 
12. Every Student Succeeds Act
13. Local control and accountability plan (LCAP)
14. Migrant education
15. Physical education instructional minutes
16. Student fees
17. Reasonable accommodations to a lactating student
18. Regional occupational centers and programs
19. School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding
20. School site councils as required for the consolidated application for specified federal and/or state categorical funding
21. State preschool programs
22. State preschool health and safety issues in license-exempt programs
23. 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
24. 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 for resolving a complaint in a manner that is acceptable  to all parties. An ADR process such as  mediation, may  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 federal, state and local laws and regulations.

The District ensures that complainants are protected from retaliation. 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 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.

When an allegation that is not subject to UCP is included in a UCP complaint, the district shall refer the non-UCP allegation to the appropriate staff or agency and shall investigate and, if appropriate, resolve the UCP-related allegation(s) through the district's UCP.

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

The Superintendent or designee shall maintain a record of eachUniform Complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with state law. 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 not be subject to the district's UCP, but shall be referred to and investigated and resolved by the specified agency or through an alternative process: 

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 was subjected to conduct known to the district that may reasonably constitute sex discrimination under Title IX, including sex-based harassment. Discrimination on the basis of sex includes sex stereotypes; sex characteristics; sexual orientation, including related medical conditions or recovery; and parental, marital, and family status. Such a complaintsshall 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 and Sex-Based 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

Except for complaints alleging sex discrimination, including sex-based 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 Civil Rights Department  Employment complaints alleging sex discrimination, including sex-based harassment, shall be investigated and resolved as specified in 34 CFR 106.44 and 106.45 and Administrative Regulation 4119. - Title IX Sex Discrimination and Sex-Based Harassment Complaint Procedures.

7. 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 3200-3205), Complaints of discrimination can still be filed in accordance with this policy. 

8. 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)