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Viewing Policy: BP 1312.3 Uniform Complaint Procedures



BP 1312.3 Uniform Complaint Procedures

The County Board of Education recognizes that the county office of education (COE) has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing its educational programs. The County Board encourages the early resolution of complaints whenever possible. To resolve complaints which may require a more formal process, the County Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and any related procedures approved by the County Superintendent of Schools.

The COE’s uniform complaint procedures (UCP) shall be used to investigate and resolve complaints regarding the following programs and activities:

  1. Accommodations for pregnant and parenting students (Education Code 46015)
  2. Adult education programs (Education Code 8500-8538, 7, 52500-52617)
  3. After School Education and Safety programs (Education Code 8482-8484.65)
  4. Agricultural career technical education (Education Code 52460-52462)

 

  1. Career technical and technical education and career technical and technical training programs (Education Code 52300-52462)

 

  1. Childcare and development programs (Education Code 8200-8498)
  2. Compensatory education (Education Code 54400)
  3. Consolidated categorical aid programs (Education Code 33315; 34 CFR 10-299.12)

 

  1. Course periods without educational content, when students in grades 9-12 are assigned to such courses more than one week in any semester or in a course the student has previously satisfactorily completed, unless specified conditions are met (Education Code 1-51228.3)

 

  1. Discrimination, harassment, intimidation, or bullying in COE programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 55, or based on the person’s association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610)

 

  1. Educational and graduation requirements for students in foster care, homeless students, students from military families, students formerly in a juvenile court school, migrant students, and immigrant students participating in a newcomer program (Education Code 7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)

 

  1. Every Student Succeeds Act (Education Code 52059; 20 USC 6301 et )
  2. Local control and accountability plan (Education Code 52075)
  3. Migrant education (Education Code 54440-54445)
  4. Physical education instructional minutes (Education Code 51210, 51222, 51223)
  5. Student fees (Education Code 49010-49013)
  6. Reasonable accommodations to a lactating student (Education Code 222)
  7. Regional occupational centers and programs (Education Code 52300-52334.7)

 

  1. School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding (Education Code 64001)

 

  1. School safety plans (Education Code 32280-32289)

 

  1. School site councils as required for the consolidated application for specified federal and/or state categorical funding (Education Code 65000)

 

  1. State preschool programs (Education Code 8235-8239.1)
  2. State preschool health and safety issues in license-exempt programs (Education Code 5)

 

  1. 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

 

  1. Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate

At its discretion, the COE may use the UCP for any other type of complaint as specified in a COE policy or regulation. (5 CCR 4610)

 

 

All complainants shall be protected from retaliation, and the confidentiality of the parties shall be protected as required by law.

 

 

Records of all UCP complaints and the investigations of those complaints are to be maintained in accordance with applicable law and County Superintendent policies and procedures.

 

Non-UCP Complaints

 

The following complaints shall not be subject to the COE’s UCP but shall be investigated and resolved by the specified agency or through an alternative process:

  1. 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 (5 CCR 4611)

 

  1. Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to the Department of Social (5 CCR 4611)

 

  1. Any complaint alleging employment discrimination or harassment shall be referred to the County Superintendent for investigation using COE procedures, including the right to file the complaint with the California Department of Fair Employment and

 

  1. 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, or a due process hearing order shall be submitted to (5 CCR 3200-3205)

 

  1. Any complaint alleging noncompliance of the COE’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 referred to CDE in accordance with BP 3555 – Nutrition Program (5 CCR 15580-15584)

 

  1. Any allegation of discrimination based on race, color, national origin, sex, age, or disability in the COE’s food service program shall be referred to the U.S. Department of Agriculture in accordance with BP 3555 – Nutrition Program (5 CCR 15582)

 

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 misassignments shall be investigated and resolved in accordance with BP 1312.4 – Williams Uniform Complaint Procedures and applicable administrative regulations. (Education Code 35186)

Adopted: 12.10.18

Revised 10.14.21