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APPENDIX 1: UNIFORM COMPLAINT PROCEDURES

The responsibilities of the complainant, the local educational agency, and the California Department of Education according to 5 CCR 4600-4687.

What is a Uniform Complaints Procedures or UCP complaint?

A Uniform Complaint Procedures or UCP complaint is a written statement alleging discrimination, harassment, or a violation of a federal or state law or regulation. A UCP complaint must be filed by way of the Uniform Complaint Procedures as written in the 5 CCR 4600-4687. Issues that may involve filing a complaint using the UCP are under various state and federal programs that use categorical funds such as Adult Education, Career Technical And Technical Education And Training Programs, Child Care And Developmental Programs, Child Nutrition Programs, Consolidated Categorical Aid Programs, Federal Safety Planning Requirements, Migrant Education, and Special Education Programs.

A Williams Complaint, another type of UCP complaint, regards instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment and may be filed anonymously. Local educational agencies (LEAs) shall have a complaint form available for these types of complaints, but will not reject a complaint if the form is not used as long as the complaint is submitted in writing.

A Valenzuela complaint (Assembly Bill 347) is a type of Williams Complaint and requires LEAs that receive intensive instruction funds to post a notice in Grades 10 to 12 classrooms and provide an area on the Williams Complaint form for alleging a lack of opportunity to receive intensive instruction and services for pupils who have not passed one or both parts of the high school exit exam by the end of 12th grade. This requirement is subject to SBX3 4 (Ch. 12, Third Extraordinary Session, Statutes of 2009), ABX4 2 (Ch. 2, Fourth Extraordinary Session, Statutes of 2009), Education Code 42605, and/or existing contract or bargaining agreements that the LEA may have in place.

Not all complaints fall under the scope of the UCP. Many concerns are the responsibilities of the LEAs, including, hiring and evaluation of staff, classroom assignments, student advancement and retention, selection/provision of textbooks and materials, student discipline, provision of core curricula subjects, facilities, graduation requirements, homework policies and practices, use of general education funds and dress codes and school uniforms.

The following documents describe the process in filing a complaint. Topics include referring complaint issues, LEA responsibilities, LEA policies and procedures, filing a local complaint, time lines, appealing LEA Decisions, department resolution procedures, the on-site investigation process, and the investigation and final report procedures of the California Department of Education (CDE).

Available UCP Information and Samples

Uniform Complaint Procedures (UCP) brochure (Dated 26-Jan-2009; PDF; 91KB; 2pp.)

Authorized by 5 CCR 4600-4687

Uniform Complaint Procedures (UCP) brochure text (Dated 14-Nov-2008; DOC; 49.5KB; 4pp.) Authorized by 5 CCR 4600-4687

Available Translations of the Uniform Complaint Procedures (UCP) brochure text

The UCP brochure describes the process in filing an official UCP complaint under the Uniform Complaint Procedures process and provides the contacts at the California Department of Education (CDE) as authorized by 5 CCR 4600 through 4687. This is a document for CDE use and is not meant to be used by LEAs in place of their own UCP Annual Notice.

Samples

Sample UCP Annual Notice (Dated 15-Dec-2010; DOC; 46 KB; 2pp.)

The Sample UCP Annual Notice is required for all LEAs to annually notify in writing its students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties of their own UCP complaint procedures.

(Translations of the Sample UCP Annual Notice are not available at this time-keep checking back on this website.)

Sample Notice to Parents and Guardians - Complaint Rights (Dated 10-Nov-2008; DOC; 30KB; 1p.)

Sample Notice to Parents and Guardians - Complaint Rights (Spanish) (Dated 28-Sep-2007; DOC; 32KB; 2pp.)

Other Available Translations of the Sample Notice to Parents and Guardians - Complaint Rights

The Sample Notice to Parents and Guardians - Complaint Rights is the Williams Complaints Classroom Notice. This notice is required by all LEAs to post in each classroom in each school notifying all parents/guardians, pupils and teachers of their rights to complain about possible insufficient instructional material, unclean and/or unsafe school facilities, and/or teacher vacancies and/or misassignments.

Sample Uniform Complaint Procedure Form (Dated 26-Aug-2009; DOC; 32KB; 1p.)

Sample Uniform Complaint Procedure Form (Spanish) (Dated 28-Sep-2007; DOC; 31KB; 2pp.)

Other Available Translations of the Sample Uniform Complaint Procedure Form

The Sample Uniform Complaint Procedure Form is for Williams Complaints issues and is used by LEAs for anyone who wants to file a complaint concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. This form contains elements required by Education Code 35186 and 5CCR 4600-4687.

Exhibit SAN CARLOS ELEMENTARY SCHOOL DISTRICT

version: February 12, 2015 San Carlos, California

_________________________________________________________________________

Exhibit 2

5145.3

NONDISCRIMINATION/HARASSMENT

APPENDIX 2. SAMPLE STUDENT CODE OF CONDUCT

The Student Code of Conduct may includes but is not limited to:

• Any student who engages in harassment may be subject to disciplinary action up to and including expulsion.

• People witnessing or experiencing harassment should report the incident immediately to school staff or administration; such reporting will not reflect on the victim or witnesses in any way.

• School administration will promptly investigate each reported complaint of harassment in a thorough and confidential manner.

• If the complainant student or the parent of the student feels that appropriate resolution of the investigation or complaint has not been reached, the student or the parent of the student should contact the principal or the district office.

• The school system prohibits retaliatory behavior against any complainant or any participant in the complaint process.

Exhibit SAN CARLOS ELEMENTARY SCHOOL DISTRICT

version: February 12, 2015 San Carlos, California