1312.3 - Uniform Complaint Procedures - Procedures

The County Superintendent of Schools or designee ensures that employees designated to receive and investigate complaints are knowledgeable about the laws and programs for which they are responsible. Designated employees may have access to legal counsel as determined by the County Superintendent of Schools or designee.

The County Superintendent of Schools designates the following compliance officers to receive and coordinate the investigation of complaints and ensure compliance with the law:

Assistant Superintendent, Human Resources; Assistant Superintendent, Student Services; Assistant Superintendent, Education Support Services; Assistant Superintendent, Business Services; Administrator, Student Services; or Director, Risk Management.

Complaints of noncompliance with laws relating to pupil fees are filed with a principal of a school.

Compliance officers who receive a complaint may assign a designee or outside investigator to investigate the complaint.

The County Superintendent of Schools or designee shall meet the notification requirements of the Code of Regulations, Title 5, Section 4622, including the annual dissemination of complaint procedures and information about available appeals, civil law remedies, and conditions under which a complaint may be taken directly to the California Department of Education. Annual dissemination of complaint procedures that includes information regarding unlawful pupil fees shall be made to students, employees, parents or guardians of students, school and district advisory committees, appropriate private school officials or representatives and other interested parties.

The Superintendent or designee shall make available copies of the district's uniform complaint procedures free of charge. (Title 5, Section 4622)

The following procedures shall be used to address all complaints, which allege that the County Superintendent of Schools Office has violated federal or state laws or regulations governing educational programs. Compliance officers shall maintain a record of each complaint and subsequent related actions, including all information required for compliance with the Code of Regulations, Title 5, Section 4632.

The County Superintendent of Schools Office will use its complaint procedures when addressing all complaints regarding sex equity.

Investigations of discrimination, harassment, intimidation, and bullying complaints shall be conducted in a manner that protects confidentiality of the parties and the facts. (Title 5, Section 4630)

All parties involved in allegations shall be notified when a complaint is filed, when a complaint meeting or hearing is scheduled, and when a decision or ruling is made. However, the compliance officers shall keep all complaints or allegations of retaliation, unlawful discrimination, harassment, intimidation or bullying confidential, except to the extent necessary to investigate the complaint by the superintendent or his designee.

Except for Williams complaints and those that allege discrimination, harassment, intimidation and bullying, any individual, public agency, or organization may file a written complaint with the County Superintendent of Schools or his or her designee alleging a matter which, if true, would constitute a violation by our LEA of federal or state law or regulation governing a program. A complaint of noncompliance with laws relating to pupil fees may be filed with the principal of a school under the Uniform Complaint Procedures and may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with laws relating to pupil fees.

Complaints alleging unlawful discrimination, harassment, intimidation, and bullying may be filed by a person who alleges that he/she personally suffered unlawful discrimination, harassment, intimidation, and bullying or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination, harassment, intimidation, and bullying. The complaint must be initiated no later than six months from the date when the alleged discrimination, harassment, intimidation, and bullying occurred or when the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, and bullying unless the time for filing is extended by the Superintendent or designee, upon the written request by the complainant setting forth the reasons for the extension. Such extension by the Superintendent or designee shall be made in writing. The period for filing may be extended for good cause for a period not to exceed 90 days following the expiration of the six month time period. The Superintendent or designee shall respond immediately upon a receipt of a request for extension. (Title 5, Section 4630)

If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other disabilities, staff shall help him/her to file the complaint. (Title 5, Section 4600)

Complaints will be investigated and resolved within 60 calendar days from the date of the receipt of the complaint, unless the complainant agrees in writing to an extension of time (Title 5, Section 4631)

Within 5 calendar days of receiving the complaint, the compliance officer may discuss with the complainant the possibility of using any form of mediation. If all parties agree to a neutral party offering suggestions to resolve the conflict, the compliance officer shall make all arrangements for this process. If the mediation process does not resolve the problem, the compliance officer shall proceed with his/her investigation of the complaint. The use of mediation shall not extend the County Superintendent of Schools Office’s time lines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time. (Title 5, Section 4631)

The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the complaint(s) and evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations. (Title 5, Section 4631)

A complainant's refusal to provide the County Superintendent's investigator with documents or other evidence related to the allegations in the complaint, or his/her failure or refusal to cooperate in the investigation or his/her engagement in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations. (Title 5, Section 4631)

The County Superintendent’s refusal to provide the investigator with access to records and/or other information related to the allegation in the complaint, or its failure or refusal to cooperate in the investigation or its engagement in any other obstruction of the investigation, may result in a finding, based on evidence collected, that a violation has occurred and may result in the imposition of a remedy in favor of the complainant. (Title 5, Section 4631)

Unless extended by written agreement with the complainant, the County Superintendent of Schools Office shall issue and send to the complainant a written report of the investigation and Decision that contains the following:

1. The findings of fact based on the evidence gathered.
2. The conclusion(s) of law.
3. The disposition of the complaint, including corrective actions, if any.
4. The rationale for the above disposition.
5. Notice of the complainant’s right to appeal the Decision to the California Department of Education and procedures to be followed for initiating such an appeal.

If a complainant is dissatisfied with the Office’s decision, he/she may appeal in writing to the California Department of Education within 15 calendar days of receiving the County Superintendent of Schools Office Decision. For good cause, the Superintendent of Public Instruction may grant an extension for filing appeals.

The complainant shall specify the basis for the appeal of the Decision and whether the facts are incorrect and/or the law is misapplied. The appeal shall be accompanied by a copy of the locally filed complaint; and a copy of the Decision. (Title 5, Section 4622)

Upon notification by the California Department of Education that the complainant has appealed the Office’s decision, the Superintendent or designee shall forward the following documents to the California Department of Education: (Title 5, Section 4633)

1. A copy of the original complaint
2. A copy of the Decision
3. A summary of the nature and extent of the investigation conducted by the Office, if not covered by the Decision
4. A copy of the investigation file, including but not limited to all notes, interviews, and documents submitted by the parties and gathered by the investigator
5. A report of any action taken to resolve the complaint
6. A copy of the County Superintendent of Schools’ complaint procedures
7. Other relevant information requested by the CDE

The California Department of Education may directly intervene in the complaint if the Superintendent has not taken action within 60 days of the date the complaint was filed.

A complainant may pursue available civil law remedies outside of the County Superintendent’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 Superintendent or designee has appropriately, and in a timely manner, apprised the complainant of his/her right to file a complaint in accordance with Title 5 CCR, Section 4622. (Education Code section 262.3)

If dissatisfied with the California Department of Education’s resolution of a complaint regarding a Chapter I program, the complainant may request its review by the U.S. Secretary of Education. (34 Code of Federal Regulations, 299.11.)

Approved: February 2, 1993
Revised: February 12, 1993
Revised: May 1, 2001
Revised/Approved: January 22, 2002
Revised: February 15, 2005
Revised: June 17, 2008
Revised: October 21, 2010
Revised: January 23, 2014
Revised: January 24, 2014
Revised: October 20, 2017