1312.3 - Uniform Complaint Policy

Concerning State/Federal Regulations All Categorical Programs and Special Education
The County Superintendent of Schools recognizes that the County Superintendent of Schools Office has primary responsibility for ensuring that it complies with applicable state and federal laws and regulations governing educational programs. The County Superintendent of Schools Office shall investigate and seek to resolve complaints at the local level in accordance with uniform complaint procedures. (Title 5, Section 4620)

The County Superintendent of Schools Office shall follow uniform complaint procedures pursuant to state regulations when addressing complaint allegations of unlawful discrimination regarding actual or perceived sex, sexual orientation, gender, gender identity, gender expression, ethnic group identification, race, immigration status, ancestry, national origin, religion, color, mental or physical disability, age 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 program or activity that receives or benefits from state financial assistance. Uniform complaint procedures shall also be used when addressing complaints alleging noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities, the requirements for the development and adoption of a school safety plan, or failure to comply with the law in adult basic education, consolidated categorical aid programs, migrant education, vocational career technical and technical education and training programs, child care and development programs, child nutrition programs, state preschools, alternative education and special education programs.

Complaints concerning special education programs shall be addressed in accordance with the regulations and procedures of the applicable Special Education Local Planning Area.

Complainants are protected from retaliation in any form for the filing of a complaint, the reporting of instances of discrimination, or for participation in complaint procedures. Such participation shall not in any way affect the status, grades or work assignments of the complainant. Complaints will remain confidential as appropriate, except to the extent necessary to investigate the complaint by the superintendent or his designee.

The County Superintendent of Schools acknowledges and respects student and employee rights to privacy. Complaints shall be investigated in a manner that protects these rights. The identity of any complainant alleging discrimination shall be kept confidential as appropriate.

The County Superintendent of Schools or designee shall ensure that employees designated to receive and 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 County Superintendent of Schools or designee.

Approved: February 2, 1993
Revised: February 12, 1993
Revised: May 1, 2001
Revised: February 15, 2005
Revised: June 17, 2008
Revised: October 21, 2010
Revised: October 20, 2017