UNIFORM COMPLAINT PROCEDURES

BP 1312.2

The Board recognizes that the district has primary responsibility for insuring that it complies with state and federal laws and regulations governing the educational programs. The district shall investigate and seek to resolve complaints at the local level in accordance with applicable laws and administrative regulations related to this policy. The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination or failure to comply with state or federal law in the following programs to the extent that such programs are offered by the district:

Adult Education: General and Basic
Child Development
        Alternative Payment
        Campus
        County Welfare
        Exceptional Needs
        General
        Family Child Care Homes
        Migrant
        Protective Services
        Resource and Referral
        School-Age (Latchkey)
        School-Age Parent
        Severely Handicapped
        State Preschool
National School Lunch Program; Child Care Food Program; Adult Care Food Program; and Summer Food Program
Consolidated Categorical Aid
        California Professional Development
        Economic Impact Aid-State Compensatory Education
        Economic Impact Aid- State Program for Students of Limited English proficiency
        Improving America's Schools Act, Titles I, II. IV & VI
        Miller-Unruh Special Reading
        School-Based Coordinated
        School Improvement
        Tenth-Grade Counseling
Migrant Education
Special Education
Vocational Education

The board prohibits retaliation in any form for the filing of a complaint, the reporting of instances of alleged discrimination or for participation in complaint procedures. Such participation shall not in any way affect the status, grades or work assignments of the complainant.

In processing complaints the Board acknowledges and respects student and employee right of privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts. This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the Superintendent or designee on a case-by-case basis.

The Superintendent or designee shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Such employees may have access to legal counsel as determined by the Superintendent or designee.

This policy and related Administrative Regulations are intended to comply with Title 5 of the California Code of Regulations, sections 4600-4671, and are not intended to extend beyond such requirements.

Legal References:
        EC 200-262.3. Prohibition of discrimination.
        EC 35146. Closed Sessions.
        EC 35160.5. Requirement of School District Policies: Parental Complaints re: Employees.
        EC 48985. Notices in Language Other than English.
        EC 49060-49079. Student records.
        EC 60650. Personal beliefs.
        SCCR 3080, Application of Section 4600-4671.
        SCCR 4600-4671. Uniform Complaint Procedures.
        GC 54957-54957.8, Closed Sessions.
        Civil Rights Act of 1964, 42 U.S.C.A. Section 2000c et. seq.
        Title IX, Education Amendments of 1972, 20 U.S.C.A. Section 1231g, 1681 et. seq.
        Section 504, Rehabilitation Act of 1973, 29 U.S.C.A. Section 721, 761
        Education Consolidation and Improvement Act of 1981, 20 U.S.C.A. Section 3801 et. seq.
        General Education Provisions Act, 20 U.S.C.A. 1221 et. seq., especially:
        Family Education and Privacy Rights Act of 1974, 20 U.S.C.A. Section 1221, 1232g.
        34 Code of Federal Regulations, Section 100.7(c) 

Adopted: 11/24/92
Amended: 5/12/98