1312.4 - Williams Uniform Complaint Procedures - Procedure

The San Bernardino County Superintendent of Schools shall use the following procedures to investigate and resolve complaints when the complainant alleges that any of the following has occurred: (Education Code 35186; 5 CCR 4681, 4682, 4683)

1. Textbooks and instructional materials

1. A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state- or district-adopted textbooks or other required instructional materials to use in class.
2. A pupil does not have access to instructional materials to use at home or after school.
3. Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
4. A pupil was provided photocopied sheets from a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.

2. Teacher vacancy or misassignment

1. A semester begins and a teacher vacancy exists.
   
   Vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. (Education Code 33126; 5 CCR 4600)
    
2. A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner pupils in the class.
3. A teacher is assigned to teach a class for which the teacher lacks subject matter competency.

Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (Education Code 35186; 5 CCR 4600)

3. Facilities

1. A condition poses an emergency or urgent threat to the health or safety of pupils or staff.
   
   Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of students or staff while at school, including but not limited to gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems; electrical power failure; major sewer stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to students or staff; or structural damage creating a hazardous or uninhabitable condition. (Education Code 17592.72)
2. A school restroom has not been cleaned, maintained, or kept open in accordance with Education Code 35292.5.
   
   Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. (Education Code 35292.5)
   
   Open restroom means, except as necessary for pupil safety or to make repairs, the school has kept all restrooms open during school hours when pupils are not in classes and has kept a sufficient number of restrooms open during school hours when pupils are in classes. (Education Code 35292.5)

4. High school exit examination intensive instruction and services

A pupil, including an English learner, who has not passed the exit exam by the end of grade 12 was not provided the opportunity to receive intensive instruction and services pursuant to Education Code 37254(d)(4) and (5) after completion of grade 12 for two consecutive academic years or until the pupil has passed both parts of the exam, whichever comes first. (Education Code 35186)

Complaint forms for Williams’ identified complaints shall be available at the school office. Education Code 35186 requires that complaints be investigated and resolved within the timelines specified below.

A complaint alleging any condition(s) specified in items #1-3 above shall be filed with the principal or Student Services Administrator. The principal or Student Services Administrator shall forward a complaint about problems beyond his/her authority to the Superintendent or designee in a timely manner, but not to exceed 10 working days. (Education Code 35186)

Education Code 35186 requires that the Superintendent designate a district official to receive and investigate complaints regarding deficiencies related to intensive instruction and services for pupils who have not passed the exit exam after the completion of grade 12. A complaint alleging any deficiency specified in item #4 above shall be filed with the Student Services Administrator. Such complaints may be filed at the administrative offices of the County Superintendent of Schools or at a school site and shall be immediately forwarded to the Superintendent or designee. (Education Code 35186)

The principal, administrator or designee shall make all reasonable efforts to investigate any problem within his/her authority. He/she shall remedy a valid complaint within a reasonable time period not to exceed 30 working days from the date the complaint was received. (Education Code 35186; 5CCR 4685)

Complaints may be filed anonymously. If the complainant has indicated on the complaint form that he/she would like a response to his/her complaint, the principal, administrator or designee shall report the resolution of the complaint to him/her within 45 working days of the initial filing of the complaint. If a response is requested, the response shall be made to the mailing address of the complainant as indicated on the complaint form. At the same time, the principal, administrator or designee shall report the same information to the Superintendent or designee. If a complainant is not satisfied with the resolution of a complaint, he/she has the right to describe the complaint to the Governing Board at a regularly scheduled meeting. (Education Code 35186)

When Education Code 48985 is applicable, whereby 15 percent or more of the pupils enrolled in a particular school speak a single primary language other than English, and the complainant has requested a written response, the response shall be written in English and in the primary language in which the complaint was filed. (Education Code 35186)

For complaints concerning a facility condition that poses an emergency or urgent threat to the health or safety of pupils as described in item #3a above, a complainant who is not satisfied with the resolution proffered by the principal, administrator, Superintendent, or designee may file an appeal to the Superintendent of Public Instruction within 15 days of receiving the response. The complainant shall comply with the appeal requirements specified in 5 CCR 4632. (Education Code 35186; 5 CCR 4687)

Complaints and written responses shall be public records. (Education Code 35186)

The Assistant Superintendent of Student Services or designee shall report summarized data on the nature and resolution of all complaints to the County Superintendent of Schools. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. These summaries shall be publicly reported on a quarterly basis at a regularly scheduled Board meeting.

The Superintendent or designee shall ensure that the district’s complaint form contains a space to indicate whether the complainant desires a response to his/her complaint and specifies the location for filing a complaint. A complainant may add as much text to explain the complaint as he/she wishes. A complainant need not use the Williams complaint form in order to file a complaint. (Education Code 35186)

The Superintendent or designee shall ensure that a notice is posted in each classroom in each school containing the components specified in Education Code 35186. (Education Code 35186)

Approved: February 15, 2005
Revised: June 17, 2008
Revised: October 21, 2010