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Los Angeles COE |  BP  1312.3  Community Relations

Uniform Complaint Procedures   

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The County Board recognizes that LACOE has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The County Board encourages the early resolution of complaints whenever possible. LACOE shall investigate complaints alleging noncompliance with applicable state and federal laws and/or alleging discrimination, harassment, intimidation, or bullying and shall seek to resolve those complaints in accordance with LACOE's Uniform Complaint Procedures (UCP). (5 CCR 4620)

Complaints Subject to UCP

LACOE's UCP shall be used to investigate and resolve the following complaints:

1. Any complaint alleging a LACOE violation of applicable state or federal laws or regulations governing any program subject to the UCP that is offered by LACOE, including adult education programs, afterschool education and safety programs, agricultural career technical education, federal career technical education and training programs, child care and development programs, certain child nutrition programs, compensatory education, consolidated categorical aid programs, the federal Every Student Succeeds Act, migrant education, Regional Occupational Centers and Programs, school safety plans, certain claims under California State Preschool Programs, or any other LACOE-implemented program that is not funded through the local control funding formula pursuant to Education Code 64000 (5 CCR 4610)

(cf. 3555 - Nutrition Program Compliance)

2. Any complaint, by a student, employee, or other person participating in a LACOE program or activity, alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) in LACOE programs and activities, including those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on the person's association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610)

3. Student nutrition complaints alleging discrimination on the basis of race, color, national origin, sex, age or disability must be filed with the USDA. Claims dealing with meal counting or claiming, reimbursable meals, eligibility of children or adults, or use of cafeteria funds and allowable expenses are to be submitted to the California Department of Education (CDE). All other complaints fall under these Uniform Complaint Procedures.

Although complaints of sexual harassment may be addressed through the UCP, any complaint that meets the more stringent definition of sexual harassment pursuant to 34 CFR 106.30 shall be investigated and resolved in accordance with Title IX regulations 34 CFR 106.44-106.45 as set forth in BP 5145.71 - Title IX Sexual Harassment Complaint Procedures.

Complaints related to health and safety issues in license exempt CSPP programs will be handled at the local level, with an opportunity to appeal to the CDE.

(cf. 0410 - Nondiscrimination in LACOE Programs and Activities)

(cf. 5145.3 - Nondiscrimination/Harassment)

(cf. 5145.7 - Sexual Harassment)

(cf. 5145.71 - Title IX Sexual Harassment Complaint Procedures)

4. Any complaint alleging LACOE noncompliance with the requirement to provide reasonable accommodations to a lactating student on a school campus to express breast milk, breastfeed an infant child, or address other breastfeeding-related needs of the student. (Education Code 222)

5. Any complaint alleging LACOE noncompliance with the requirement to provide a pregnant or parenting student with the accommodations specified in Education Code 46015, including those related to the provision of parental leave, right of return to the school of previous enrollment or to an alternative education program, if desired, and possible enrollment in school for a fifth year of instruction to enable the student to complete state and LACOE-imposed graduation requirements (Education Code 46015)

6. Any complaint alleging LACOE noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities (5 CCR 4610)

7. Any complaint alleging noncompliance with applicable requirements of Education Code 52060-52077 related to the implementation of the local control and accountability plan, including the development of a local control funding formula budget overview for parents/guardians (Education Code 52075)

(cf. 0460 - Local Control and Accountability Plan)

(cf. 3100 - Budget Adoption and Revision)

8. Any complaint alleging noncompliance with requirements related to the development of a school plan for student achievement or the establishment of a school site council, as required for the consolidated application for specified federal and/or state categorical funding (Education Code 64000-64001, 65000-65001)

9. Any complaint, by or on behalf of any student who is a foster youth as defined in Education Code 51225.2, alleging LACOE noncompliance with any requirement applicable to the student regarding placement decisions, the responsibilities of the LACOE educational liaison to the student, the award of credit for coursework satisfactorily completed in another school, district, or country, school or records transfer, or the grant of an exemption from LACOE-imposed graduation requirements beyond state requirements. (Education Code 48853, 48853.5, 49069.5, 51225.1, 51225.2)

10. Any complaint, by or on behalf of a student who transfers after the second year of high school and is a homeless child or youth as defined in 42 USC 11434a, a former juvenile court school student as defined in Education Code 51225.2, a child of a military family as defined in Education Code 49701, a migrant child as defined in Education Code 54441, or by or on behalf of an immigrant student participating in a newcomer program as defined in Education Code 51225.2 in the third or fourth year of high school, alleging LACOE noncompliance with any requirement applicable to the student regarding the grant of an exemption from any graduation requirements beyond state requirements (Education Code 51225.1)

11. Any complaint, by or on behalf of a student who is a homeless child or youth as defined in 42 USC 11434a, a former juvenile court school student, a child of a military family as defined in Education Code 49701, a migrant child as defined in Education Code 54441, or a newly arrived immigrant student who is participating in a newcomer program as defined in Education Code 51225.2, alleging LACOE noncompliance with requirements for the award of credit for coursework satisfactorily completed in another school, district, or country (Education Code 51225.2)

12. Any complaint alleging LACOE noncompliance with the requirements of Education Code 51228.1 and 51228.2, which prohibit the assignment of a student in grades 9-12 to a course without educational content for more than one week in any semester or to a course the student has previously satisfactorily completed, without meeting specified conditions (Education Code 51228.3)

13. Any complaint alleging LACOE noncompliance with the physical education instructional minutes requirements (Education Code 51210, 51222, 51223)

14. Complaints regarding a license-exempt California State Preschool Program's (CSPP) noncompliance with health and safety standards specified in Health and Safety Code 1596.7925 and related state regulations (Education Code 8235.5; Health and Safety Code 1596.7925). These complaints should also be filed with the CDE in accordance with regulation

15. Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy

At its discretion, LACOE may use the UCP for any other type of complaint as specified in a LACOE policy or regulation. (5 CCR 4610)All complainants shall be protected from retaliation, and the confidentiality of the parties shall be protected as required by law.

Records of all UCP complaints and the investigations of those complaints are to be maintained in accordance with applicable law and County Superintendent policies and procedures.

Non-UCP Complaints

The following complaints shall not be subject to LACOE's UCP but shall be referred to the specified agency: (5 CCR 4611)

1. Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services, Protective Services Division, and the appropriate law enforcement agency.

cf. 5141.4 - Child Abuse Prevention and Reporting)

2. Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to the Department of Social Services and may, for license-exempt facilities, be referred to the appropriate Child Development regional administrator.

3. Any complaint alleging fraud shall be referred to the Legal, Audits and Compliance Branch of the CDE.

4. Any complaint alleging employment discrimination or harassment may be filed with the California Department of Fair Employment and Housing.

5. Any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments shall be investigated and resolved in accordance with BP 1312.4 - Williams Uniform Complaint Procedures and applicable administrative regulations. (Education Code 35186)

(cf. 1312.4 - Williams Uniform Complaint Procedures)

Legal Reference:

EDUCATION CODE

200-262.4 Prohibition of discrimination, especially:

222 Reasonable accommodations; lactating students

8200-8498 Child care and development programs

8500-8538 Adult basic education

18100-18203 School libraries

32289 School safety plan, uniform complaint procedures

35186 Williams uniform complaint procedures

46015 Parental leave for students

48853-48853.5 Foster youth

48985 Notices in language other than English

49010-49013 Student fees

49060-49079 Student records, especially:

49069.5 Rights of parents

49490-49590 Child nutrition programs

49701 Interstate Compact on Educational Opportunity for Military Children

51210 Courses of study grades 1-6

51222 Physical education, secondary schools

51223 Physical education, elementary school

51225.1-51225.2 Foster youth, homeless children, former juvenile court school students, military-connected students, migrant students, and newly arrived immigrant students; course credits; graduation requirements

51226-51226.1 Career technical education

51228.1-51228.3 Course periods without educational content

52060-52077 Local control and accountability plan, especially:

52075 Complaint for lack of compliance with local control and accountability plan requirements

52300-52462 Career technical education

52500-52616.24 Adult schools

52800-52870 School-based program coordination

54400-54425 Compensatory education programs

54440-54445 Migrant education

54460-54529 Compensatory education programs

59000-59300 Special schools and centers

64000-64001 Consolidated application process

65000-65001 School site councils

GOVERNMENT CODE

11135 Nondiscrimination in programs or activities funded by state

12900-12996 Fair Employment and Housing Act

HEALTH AND SAFETY CODE

1596.7925 California Child Day Care Act; health and safety regulations

PENAL CODE

422.55 Hate crime; definition

422.6 Interference with constitutional right or privilege

CODE OF REGULATIONS, TITLE 2

11023 Harassment and discrimination prevention and correction

CODE OF REGULATIONS, TITLE 5

3080 Application of section

4600-4687 4670 Uniform complaint procedures

4680-4687 Williams uniform complaint procedures

4900-4965 Nondiscrimination in elementary and secondary education programs

UNITED STATES CODE, TITLE 20

1221 Application of laws

1232g Family Educational Rights and Privacy Act

1681-1688 Title IX of the Education Amendments of 1972

6301-6577 Title I basic programs

6801-7014 Title III language instruction for limited English proficient and immigrant students

UNITED STATES CODE, TITLE 29

794 Section 504 of Rehabilitation Act of 1973

UNITED STATES CODE, TITLE 42

2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended

2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964

6101-6107 Age Discrimination Act of 1975

11431-11435 McKinney-Vento Homeless Assistance Act

CODE OF FEDERAL REGULATIONS, TITLE 28

35.107 Nondiscrimination on basis of disability; complaints

CODE OF FEDERAL REGULATIONS, TITLE 34

99.1-99.67 Family Educational Rights and Privacy Act

100.3 Prohibition of discrimination on basis of race, color or national origin

104.7 Designation of responsible employee for Section 504

106.8 Designation of responsible employee for Title IX

106.9 Notification of nondiscrimination on basis of sex

110.25 Notification of nondiscrimination on the basis of age

Management Resources:

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS

Uniform Complaint Procedure 2020-21 Program Instrument

Sample UCP Board Policies and Procedures

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Dear Colleague Letter, September 22, 2017

Dear Colleague Letter: Title IX Coordinators, April 2015

Dear Colleague Letter: Responding to Bullying of Students with Disabilities, October 2014

Dear Colleague Letter: Harassment and Bullying, October 2010

Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, January 2001

U.S. DEPARTMENT OF JUSTICE PUBLICATIONS

Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 2002

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Student Privacy Policy Office: http://familypolicy.ed.gov

U. S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr

U.S. Department of Justice: http://www.justice.gov

Policy LOS ANGELES COUNTY OFFICE OF EDUCATION

adopted: October 20, 2020 Downey, California