Uniform Complaint Procedures
AR 1312.3
(Revised 6-05)
Uniform Complaint Procedures
It is the goal of the Bass Lake Joint Union Elementary School District to comply with all federal and state laws and regulations. In order to further this goal, the Bass Lake Joint Union Elementary School District has established locally approved uniform complaint procedures for all specified programs, including child development, consolidated programs, Indian education, migrant education, special education and child nutrition and provides civil rights guarantees (allegations of unlawful discrimination regarding age, sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or physical or mental disability).
Responsibilities of the Complainant
The Complainant:
- Shall receive the District Complaint Procedures.
- Shall file the complaint in writing and follow the steps in the District Complaint Procedures Administrative Regulation.
- May appeal to the state agency for resolution if he/she is dissatisfied with the decision of the District.
- May appeal to the State Superintendent of Public Instruction if the complainant is dissatisfied with the determination of the state agency.
- Regarding discrimination complaints, the complainant alleging to be a victim of discrimination shall not seek civil remedies until at least 60 days from the date of filing an appeal to the state agency.
Responsibilities of the District
The District:
- Shall designate a staff member to be responsible for complaint resolution. The staff member to receive program complaints and ensure district compliance with the law will be the Director of State and Federal projects.
- Shall develop complaint procedures consistent with California Code of Regulations, Title 5, sections 4600-4671.
- Shall inform parents, employees, advisory committees and all interested parties at least annually of the approved Uniform Complaint Procedures, including the opportunity to appeal the District’s decision or seek civil law remedies, including but not limited to injunctions, restraining orders, or other court orders which may be available to the complainant. The District will make this information available by publication in its informational materials.
- Shall resolve the complaint through an informal complaint process or through the formal complaint procedures be completing an investigation and a written report within 60 calendar days of receipt of a formal complaint.
- Shall provide written reports and information in the language of the complainant. If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other handicaps, district staff shall help him/her to file the complaint.
- Shall submit, on notification of an appeal, the following to the California State Department of Education:
- The original complaint.
- A copy of the District’s decision.
- A summary of the nature and extent of the investigation conducted by the District if not covered in the District’s decision.
- A report of any action taken to resolve the complaint.
- A copy of the District Complaint Procedure.
- Such other relevant information as the State Superintendent may require.
- May appeal to the State Superintendent of Public Instruction if the District is dissatisfied with the state agency’s decision.
- Shall protect any complainant from any form of retaliation for filing a complaint and shall maintain the confidentiality of any complainant alleging discrimination.
Complaint Procedures:
The following procedures shall be used to address all complaints which allege that the District has violated federal or state laws or regulations governing educational programs including allegations of unlawful discrimination in programs and activities funded directly by the State or receiving any financial assistance from the State. The Superintendent/designee shall maintain a record of each complaint and subsequent related actions, including all information required for compliance with the California Code of Regulations, Title 5, Section 4632.
Unlawful discrimination complaints shall be initiated no later than six months from the date the alleged discrimination occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination, unless the Superintendent of Public Instruction grants an extension under California Code of Regulations, Title 5, Section 4630 (b).
Informal Resolution:
The purpose of the informal complaint process is to allow an individual who believes he/she has been violated or discriminated against to resolve the issue through a consultation process rather than the formal complaint process provided by this regulation.
When an individual feels that he/she has been violated or discriminated against, he/she should contact the Responsible District Officer. The Responsible District Officer shall separately counsel the complainant and the alleged offender and outline possible options for informal resolution of the complaint. If informal resolution of the complaint is achieved, the complainant’s decision not to proceed with the filing of a formal complaint shall be obtained in writing. If informal resolution of the complaint cannot be achieved within 30 calendar days of the District’s receipt of the complaint, the Superintendent/designee shall provide the complainant with a copy of this policy and regulation, and inform the complainant of the right to file a formal written complaint under this procedure.
Formal Complaint:
Any individual, public agency or organization may file a written complaint of alleged noncompliance with the Responsible District Officer. The formal written complaint should state the name of the complainant, the date of the complaint, the name(s) of any witnesses, a detailed statement of the circumstances constituting the alleged violation or discrimination, and the requested remedy.
Investigation
The Responsible District Officer shall conduct a thorough, objective, and equitable investigation of the complaint or designate appropriate individuals for that purpose. The investigator shall consult with all individuals reasonably believed to have information relevant to the complaint. The complainant or his/her representative will have the opportunity to present relevant information.
Investigation Report and Decision
Within 60 days of receiving the formal complaint the Responsible District Officer shall communicate in writing the District’s final administrative decision to the complainant and the alleged offender. The District’s final decision shall include the following: (a) a summary of the investigative report; (b) findings and disposition of the complaint and the rationale for such disposition; (c) the proposed resolution of the complaint; and (d) the complainant’s and alleged offender’s right to appeal to the State Department of Education, and the procedures for initiating an appeal within 15 days after the District’s determination.
Civil Law Remedies:
A complainant may pursue available civil law remedies outside of the District’s complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to injunctions and restraining orders. For discrimination complaints, however, a complainant must wait until 60 days have elapsed from the filing of an appeal with the California Department of Education before pursuing civil law remedies. The moratorium does not apply to injunctive relief and is applicable only if the District has appropriately and in a timely manner appraised the complainant of his/her right to file a complaint in accordance with 5 CCR 4662 (EC 262.3)