Palomares Elementary School

Community Relations Uniform Complaint Procedures

The Castro Valley Unified School District Board of Education recognizes the importance to both staff and community members in expressing concerns regarding the operation of any federally or state funded consolidated categorical aid program. The Board of Education wishes to provide a procedure for staff and community member to register their complaints.

The Governing Board also recognizes that the district has primary responsibility for ensuring that it complies with state and federal laws and regulations governing educational programs. The district shall investigate and seek to resolve complaints at the local level. The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination or failure to comply with state or federal law in adult education, consolidated categorical aid programs, migrant education, vocational education, child care and development programs, child nutrition programs, special education programs, and various civil rights guarantees (e.g. discrimination due to age, religion, sex, color, disability.)

The Board prohibits 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.

(cf. 1312.1 - Complaints Concerning School Personnel)
(cf. 1312.1 - Complaints Concerning Instructional Materials)
(cf. 5142.1 - Child Abuse Reporting Procedures)

Legal Reference
Education Code

200-262.3	Prohibition of Discrimination
35146	Closed Sessions
35160.5	Requirements of School District Policies: Parental Complaints re. Employees
48985	Notices in Languages Other Than English
49060-49075	Student Records
60650	Personal Beliefs

Code of Regulations. Title 5
3080 Application of Section
4600-4671 Uniform Complaint Procedure

Government Code
54957-54957.8 Closed Sessions
Civil Rights Act of 1964 - 42 U.S.C.A.
Section 200c et se. - 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.
bp 1312.3 - Uniform Complaint Procedure
General Education Provisions Act - 20 U.S.C.A. 1221 et seq., especialy Family Education
and Privacy Rights Act of 1974 - 20 U.S.C.A. Section 1221.1232g
Code of Federal Regulations - Section 100.7(3), 4621, 4600-4671

Complaint Procedures:

The procedures set forth in this Administrative Regulation shall be used to address complaints which allege that the district has violated federal or state laws or regulations governing educational programs, including allegations of unlawful discrimination, harassment, and/or intimidation on the basis of age, sex, including sexual harassment, race, religion, ancestry, national origin, physical or mental disability, or sexual orientation. In addition, this procedure will be used for complaints related to adult education, consolidated categorical aid programs, vocational education, child nutrition programs and special education programs.

The uniform complaint procedures shall be used when addressing any complaint regarding sex equity.

Investigations of complaints alleging discrimination shall be conducted in a manner that protects the confidentiality of the complainant, in so far as possible, and which conforms to contractual agreements with respect to personnel procedures.

Complaints alleging unlawful discrimination may be filed in writing by a person who alleges he/she personally suffered unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination. The complaint must be initiated no later than six months from the date when the alleged offense occurred, or when the complainant first obtained knowledge of the facts of the alleged discrimination and within 30 days for harassment or intimidation (Title 5, Section 4630)

Complaints shall be submitted to the Assistant Superintendent for Curriculum and Instruction at 4400 Alma Avenue, Castro Valley, CA 94546. (50) 537-3000.

A written report of findings shall be given to the complainant within 60 days of the district's receiving the complaint.

The superintendent or designee shall meet the notification requirements of the Code of Regulations, Title 5, Section 4622, including the annual dissemination of the district complaint procedures and information regarding available appeals. civil law remedies. and conditions under which a complaint may be taken directly to the California Department of Education.

a.	Discrimination:
	Differences in treatment of individuals on the basis of any of the categories indicated in the policy.
b.	Harassment - Includes but is not limited to:
	Verbal Harassment - For example, epithets, derogatory comments of slurs on the basis of age, sex, including sexual harassment, race, religion, ancestry, national origin, physical or mental disability or sexual orientation.
	Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons or drawings on the basis of age, sex, including sexual harassment, race, religion, ancestry, national origin, physical or mental disability or sexual orientation.
	Sexual Harassment - For example, unwelcome sexual advance, requests for sexual favors and other verbal or physical conduct of a sexual nature that unreasonably interferes with an individual's performance or that creates an offensive education environment.
	Intimidation - Behavior that tends to cause fear and to create the appearance of unequal status or strength and which would be reasonably likely to cause an ordinary person to become afraid or inhibited under similar circumstances.

All reference to days are calendar days unless specified.

The followings procedure shall be used to address all program complaints which allege that the district 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

I.	Informal Program Complaint Procedure

	a.	A person wishing to register a complaint (hereafter complainant) should contact the school principal to seek resolutions of the problem.
	b.	Every effort shall be made to resolve the complaint in an informal manner.
	c.	If the complainant finds the resolution unacceptable. s/he will notify the principal in writing. The principal and/or immediate supervisor may confer with the parties involved and will seek to resolve the complaint.

II.	Filing a Formal Program Compliant

		Any individual, public agency, or organization may file a written complaint of alleged non-compliance. The compliant shall be presented to the appropriate compliance officer who will maintain a log of complaints received.
		If a complainant is unable to put a complaint in writing due to conditions such as literacy or other handicaps, district staff shall help him/her to file the complaint. Title 5, Section 4600.

III.	Formal Program Complaint Procedure

	a.	If informal resolution of the complaint is not achieved, the complainant may file, within five (5) days, a written statement to the school principal describing the complaint and identifying the alleged violation of state or federal regulations.
	b.	The principal shall investigate the complaint and provide an opportunity for the complainant or the complainant's representative or both, to present appropriate evidence relevant to the complaint.
	c.	Within five (5) days, the principal shall prepare a written report summarizing the findings of the investigation and recommending alternative for resolution of the problem. The written report shall include the disposition of the complaint and the rationale for such disposition. The report shall also include a notice of the complainant's rights to review the decision, his/her right to appeal to the Assistant Superintendent for Curriculum and Instruction or the Director of Personnel, Superintendent, Board of Education and the State Department of Education and a copy of the procedures for such an appeal. (Title 5 C.A.C.S. #3951)
	d.	The complainant will be advised of local civil law remedies in writing, in English and in the language of the complainant. (Written lists of local legal assistance agencies, mediation centers, etc.)
	e.	If the issue of complaint is not resolved to the satisfaction of the complainant, s/he may request in writing, within five (5) days, that the complaint and the principal's report be transmitted by the principal to the Assistant Superintendent for Curriculum and Instruction.
	f.	The assistant Superintendent for Curriculum and Instruction will meet, as needed, with parties involved in the complaint and respond in writing, within ten (10) days after receiving the complaint.
	g.	If the complaint is not satisfied with the decision of the assistant Superintendent for Curriculum and Instruction, the complainant may request in writing, within five (5) days, that the complaint be forwarded to the Superintendent of Schools.
	h.	The Superintendent will review the complaint and render a decision within ten (10) days of receiving the written request.
	i.	The complainant may forward a written appeal of the Superintendent's decision to the Castro Valley School District Board of Education within five (5) days.
	j.	The Castro Valley Unified School District Board of Education will consider the issue and prepare a written response to the complainant within twenty (20) days.
	k.	All written findings will be provided in English and the language of the complainant. Title 5, Section 4622. the report shall include the findings and disposition of the complainant, including corrective actions, if any, and the rational for the above disposition, notice of the complaint's rights to appeal the decision to the California Department of Education, and the procedures to be followed for initiating such an appeal, a detailed statement of all specific issues that were brought up during the investigation and the extent to which these issues were resolved.
		If an employee is disciplined as a result of the complaint, this report shall simply state that effective action was taken and that the employee was informed of district expectations. The report shall not give any further information as to the nature of the disciplinary action.

IV.	State Department of Education Appeal

If a complainant is dissatisfied with the Board of Education's resolution of his/her complaint concerning categorical programs or alleged acts of discrimination on the basis of ethnicity, religion, age, gender, color or physical or mental ability, s/he may appeal to the California Department of Education within fifteen (15) days of the decision of the Board of Education. When appealing to the California Department of Education, the complainant must specify the reasons for appealing the district decision and must include a copy of the locally filed complaint and the district's decision. (Title 5, Section 4652)