• Uniform Complaint Procedures

    BOARD POLICY 1312.3:  Uniform Complaint Procedure

    Purpose and Scope:

    The Governing Board recognizes that the District is primarily responsible for complying with applicable state and federal laws and regulations governing educational programs. The District shall investigate and seek to resolve complaints alleging failure to comply with applicable state and federal law or regulations governing educational programs, including allegations of unlawful discrimination, harassment, intimidation or bullying, and non-compliance with laws relating to student fees, and seek to resolve those complaints in accordance with procedures set out in sections 4600-4687 of the Title 5 California Code of Regulations and in accordance with the policies and procedures of the Governing Board.

    The District shall also follow uniform complaint procedures when addressing complaints alleging unlawful discrimination harassment, intimidation, or bullying against any protected group as identified under Education Code 200, 220, or 222, Penal Code 422.55 or Government Code 11135, including actual or perceived sex, sexual orientation, gender, gender identity or expression, genetic information, ethnic group identification, race or ethnicity, color ancestry, nationality, national origin, religion, color, ethnic group identification, or mental or physical disability, or age, marital or parental status, pregnancy status or any other characteristic identified in Education Code 200 or 220, Penal Code 422.55, or Government Code 11135, 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 District program or activity that receives or benefits from state financial assistance, including, but not limited to, those funded directly by or that receive or benefit from any state financial assistance. (5 CCR 4610)  The District shall also follow the uniform complaint procedures when addressing the following:

    a) Any complaint alleging district violation of applicable state or federal law or regulations governing 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 (5 CCR 4610),

    b)  Any complaint alleging district violation of the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities (5 CCR 4610),
    c) Any complaint alleging that the district has not complied with legal requirements related to the implementation of the local control and accountability plan (Education Code 52075)
    d) Any complaint alleging that the district has not complied with legal requirements related to providing reasonable accommodations for lactating pupils on a school campus. (Education Code 222)
    e) Any complaint alleging that the district has not complied with legal requirements related foster and homeless youth (Education Code 48853 and 48853.5)
    f) Any complaint alleging that the district has not complied with legal requirements related instructional minutes for physical education in grades 1 through 6 (Education Code 51210 and 51223)
    g) 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
    i) Any other complaint as specified in a district policy

    The District shall also use uniform complaint procedures when addressing complaints alleging the District’s failure to comply with state and/or federal laws, consolidated categorical aid programs, migrant education, child care and development programs, child nutrition programs, Local Control Funding Formula (LCFF) programs and the Local Control Accountability Plan (LCAP) implementation process, special education programs, and federal school safety planning requirements.

    The Board clarifies that this same uniform complaint procedure applies to complaints with the District which concern unlawful discrimination under the following federal/state laws: Section 504 or the Rehabilitation Act of 1973 or Title II of the Americans with Disabilities Act of 1990 (ADA) for the charges of discrimination based on mental or physical disability; Title IX of the Education Amendments of 1972, charges of discrimination/harassment based on sex, including charges of sexual harassment and discrimination against a pupil based on pregnancy,  childbirth, false pregnancy, termination of pregnancy, or recovery from childbirth-related conditions; and Title VI of the Education Amendments of 1964 for charges of discrimination based on race, color, or national origin.  Title 5, California Code of Regulations, Section 4900, et, seq. includes sexual identification, gender identity, ethnic identification, and ancestry.

    Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex, including sexual harassment and sexual violence and discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from childbirth-related conditions. In addition, Title IX protects transgender students and students who do not conform to sex stereotypes. Specifically, Title IX provides that “no person … shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal assistance.”   Discrimination issues involving Title IX may be filed with the District as a Uniform Complaint. In addition, the U.S. Office of Civil Rights has certain investigation and complaint processes that may apply.  Any person may contact the U.S. Office for Civil Rights for additional information about Title IX or the U.S. Office for Civil Rights’ investigative powers and its complaint process.  The District’s Title IX Coordinator, identified below, can also provide more information about Title IX.    

    A pupil fee is a fee, deposit, or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of state codes and constitutional provisions which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers.  Educational activities are those offered by a school district, charter school, or county office of education that constitute a fundamental part of education, including, but not limited to, curricular and extracurricular activities.

    A pupil fee includes, but is not limited to, all of the following:

    •     A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
    •     A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class, apparatus, musical instrument, clothes, or other materials or equipment.
    •     A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity. (Education Code § 49010(b).)

    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, teacher vacancies and misassignments shall be investigated and resolved pursuant to the district’s Williams Uniform Complaint Procedure (AR 1312.4)

    The Board encourages the early, informal resolution of complaints at the site level whenever possible.

    The Board acknowledges and respects student and employee rights to privacy under the law.  In investigating complaints, the confidentiality of the parties involved and the integrity of the process shall be protected to the extent possible in accordance with applicable law.  However, the District cannot guarantee the confidentiality of any party involved in a complaint or investigation, including the complainant.  If possible, the District will endeavor to keep the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the District on a case-by-case basis, or as required by law and to the extent that the investigation of the complaint is not obstructed.  Under Title IX, the District has an affirmative duty to investigate any claim of discrimination and take steps to prevent similar discrimination, including sexual harassment or violence, from occurring in the future against the complainant or any other person. Thus, the District may not be able to provide confidentiality if disclosure is required to meet its obligations under Title IX.  

    The Board prohibits retaliation in any form against any person who files a Uniform Complaint; someone who refers a matter for investigation or complaint; someone who participates in a complaint investigation; someone who represents or serves as an advocate for an alleged victim or alleged offender; or someone who otherwise furthers the principles of the District’s unlawful discrimination policies.  Such participation in the complaint process shall not in any way affect the status, grades or work assignments of the complainant.

    All allegations of retaliation will be swiftly and thoroughly investigated.  If the District determines that retaliation has occurred, it will pursue all measures within its power to stop such conduct.  The District will monitor and address any potential retaliation from any party, including friends or associates of the parties involved.

    In addition, the District, through its Title IX Coordinator, shall provide interim protection measures to any complaining party upon request to protect against retaliation.  The specific interim protection measures provided will depend on the specific circumstances and the request of the complainant.   

    The Board recognizes that a neutral mediator can often suggest a compromise that is agreeable to all parties in a dispute.  In accordance with Uniform Complaint Procedures, whenever all parties to a complaint agree to try resolving their problem through mediation, the District shall initiate that process.  The District shall ensure that the results are consistent with state and federal laws and regulations.

    Legal Reference:

    200-262.3  Prohibition of discrimination
    8200-8498  Child care and development programs
    8500-8538  Adult basic education
    18100-18172  School libraries
    32289  School safety plan, uniform complaint procedure
    35186  Alternative uniform complaint procedure
    48850-48859 Education of Pupils in Foster Care and Pupils Who Are Homeless
    48985  Notices in language other than English
    49010-49013 Student fees
    49060-49079  Student records
    49490-49590  Child nutrition programs
    51210 Areas of Study; Noncompliance Complaints
    51223 Minimum Instruction In Elementary School District; Noncompliance Complaints
    51228.1-51228.2 Graduation requirements; minimum standards; required curriculum
    52075 Complaint for lack of compliance with local control and accountability plan requirements
    52160-52178  Bilingual education programs
    52300-52499.6  Vocational education
    52500-52616.24  Adult schools
    52800-52870  School-based coordinated programs
    54000-54041  Economic impact aid programs
    54100-54145  Miller-Unruh Basic Reading Act
    54400-54425  Compensatory education programs
    54440-54445  Migrant education
    54460-54529  Compensatory education programs
    56000-56885  Special education programs
    59000-59300  Special schools and centers
    62000-62005.5  Evaluation and sunsetting of programs
    64000-64001  Consolidated application process

    11135  Nondiscrimination in programs or activities funded by state
    12900-12996  Fair Employment and Housing Act

    3080  Application of section
    4600-4671  Uniform complaint procedures
    4680-4687 Complaints Regarding Instructional Materials, Teacher Vacancy, or Mismanagement and School Facilities
    4900-4965 Nondiscrimination in elementary and secondary education programs

    422.6 Interference with constitutional right or privilege
    422.5 Hate Crime

    1681-1688 Title IX of the Education Amendments of 1972
    6301-6577  Title I Basic Programs
    6601-6777 Title II Preparing and Recruiting High Quality Teachers and Principals
    6801-6871 Title III, Language instruction for limited English proficient and immigrant students
    7101-7184 Safe and Drug-Free Schools and Communities Act, including
    7114 Local educational program, safety plans
    7201-7283g  Title V Promoting Informed Parental Choice and Innovative Programs
    7301- 7372  Title VI Rural and Low-Income School Programs

    Management Resources:

    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

    ​Adoption History:
    Adopted as Board Policy 6006: 12/15/2004
    Approved as BP 1312.3: 12/14/2005
    Revised: 06/14/2005
    Revised: 03/23/2011
    Revised: 01/23/2013
    Revised: 02/26/2014
    Revised: 06/25/2014  
    Revised: 02/24/2016

    To file a complaint, fill out the Uniform Complaint form and mail or fax it to:
    Jenni Huh, Director
    Student Services
    Del Mar Union School District
    11232 El Camino Real
    San Diego, CA 92130
    Fax: (858) 755-4361