The Accelerated Schools Uniform Complaint Procedures Williams Settlement Board Policy

Transcription

1 Uniform Complaint Procedures Williams Settlement Board Policy The Governing Board recognizes that is responsible for ensuring that it complies with state and federal laws and regulations governing educational programs. TAS shall follow uniform complaint procedures when addressing complaints alleging failure to comply with such laws and/or alleging discrimination based on any protected group including actual or perceived sex, sexual orientation, ethnic group identification, race, ancestry, national origin, religion, age, gender, color, or physical or mental disability, or on the basis of a person s association with a person or group with one or more of these actual or perceived characteristics in any program or activity that receives or benefits from state financial assistance. TAS shall also follow uniform complaint procedures when addressing complaints alleging failure to comply with state or federal laws in adult education programs, consolidated categorical aid programs, migrant education, career technical and technical education and career technical and technical training programs, child care and development programs, child nutrition programs and special education programs. (Title 5, Section 4621) The Board encourages the early, informal resolution of complaints at the site level whenever possible. Upon receipt of a written complaint from an individual, public agency or organization, uniform complaint procedures shall be initiated. The CEO or designee shall distribute full information about these procedures. The Board recognizes that a neutral mediator can often suggest an early compromise that is agreeable to all parties in a dispute. In accordance with uniform complaint procedures, whenever all parties to a complaint agree to try resolving their problem through mediation, the CEO or designee shall initiate a mediation process before beginning a formal compliance investigation. The CEO or

2 designee shall ensure that mediation results are consistent with state and federal laws and regulations. (Title 5, Section 4631) The Board acknowledges and respects student and employee rights to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts. This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the CEO or designee on a case-by-case basis. (Title 5, Section 4621) The Board prohibits retaliation in any form for the filing of a complaint, the reporting of instances of discrimination or participation in complaint procedures. Such participation shall not in any way affect the status, grades or work assignments of the complainant. Legal Reference: EDUCATION CODE Prohibition of discrimination Child care and development programs Adult basic education School libraries Closed sessions Authority of governing boards School personnel staff development and resource centers Notices in language other than English Student records Child nutrition programs Personal beliefs School improvement programs Bilingual education programs Vocational education Adult schools School-based coordinated programs Economic impact aid programs Miller-Unruh Basic Reading Act Compensatory education programs Migrant education Compensatory education programs Special education programs Special schools and centers Consolidated application process

3 GOVERNMENT CODE Closed sessions CODE OF REGULATIONS, TITLE Application of section Uniform Complaint Procedures UNITED STATES CODE, TITLE g General Education Provisions Act Discrimination based on sex or blindness, Title IX CODE OF FEDERAL REGULATIONS, TITLE Nondiscrimination Compliance Officers The Governing Board designates the following compliance officer/s who shall be responsible for initially receiving all complaints, investigating as appropriate and/or delegating to the appropriate Program Administrator to investigate and ensure TAS compliance with law: (Title 5, Section 4621) Chief Operating Officer 4000 South Main Street Los Angeles, CA (323) Ext The CEO or designee shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Such employees may have access to legal counsel as determined by the CEO or designee. (Title 5, Section 4621) Notifications The CEO or designee shall meet the notification requirements of the Code of Regulations, Title 5, Section 4622, including the annual dissemination of TAS 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. The CEO or designee shall ensure that complainants understand that they may pursue other remedies, including actions before civil courts or other public agencies. The above notification shall state that complainants may seek help from agencies such as legal assistance agencies, local mediation centers or the county office

4 of education. Local resources include: Monterey County Office of Education Department of Fair Employment and Housing Office of Civil Rights Equal Employment Opportunity Commission Procedures The following procedures shall be used to address all complaints, which allege that TAS 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 A ll p a rtie s in v o lv e d i n 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. Step 1: Filing of Complaint In the event that issues are not resolved informally, any individual, public agency or organization may file a written complaint of alleged noncompliance by TAS and may use the UCP Complaint form. person who alleges that 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 discrimination occurred or when the complainant first obtained knowledge of the facts of the alleged discrimination unless the time for filing is extended by the CEO or his or her designee, upon written request by the complainant setting forth the reasons for the extension. Such extension by the CEO or his or her designee shall be made in writing. The period for filing may be extended by the CEO or his or her designee for good cause for a period not to exceed 90 days following the expiration of the six month time period. The CEO or his or her designee shall respond immediately upon a receipt of a request for extension. (Title 5, Section 4630) The com plaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and a date. If a co m p la in a n t is unable to put a complaint in writing due to conditions such as illiteracy or other disabilities, TAS staff shall help him/her to file the

5 complaint. (Title 5, Section 4600) Step 2: Mediation Within three days of receiving the complaint, the compliance officer may informally discuss with the complainant the possibility of using mediation. If the complainant agrees to mediation, the compliance officer shall make all arrangements for this process. Before initiating the mediation of a discrimination complaint, the compliance officer shall ensure that all parties agree to make the mediator a party to related confidential information. If th e m e d ia tio n p ro ce ss does not resolve the problem within the parameters of law, the compliance officer shall proceed with his/her investigation of the complaint. T h e u se o f m e d ia tio n sh a ll n ot extend the TAS' timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time. (Title 5, Section 4631) Step 3: Investigation of Complaint The compliance officer will hold an investigative meeting with the complainant within five school days of receiving the complaint. The complainant and/or his/her representative and TAS representatives shall also have an opportunity to present the complaint(s) and evidence or information leading to support the allegations of noncompliance with state and federal laws and/or regulations. Parties to the dispute may discuss the complaint and question each other or each other's witnesses. If the complainant does not attend the meeting, a TAS representative will make a formal note of the occurrence and move forward in completing the investigation. (Title 5, Section 4631) Step 4: Response Within 60 days of receiving the complaint, the compliance officer shall prepare and send to the complainant a written report of TAS investigation and decision, as described in Step #5 below. (Title 5, Section 4631) The Board m ay consider the m atter at its next regular Board meeting or at a special Board meeting convened in order to meet the 60-day time limit within which the complaint must be answered. The Board may decide not to hear the complaint, in which case the compliance officer's decision is final. If th e B o a rd hears the complaint, the compliance officer shall send the Board's

6 decision to the complainant within 60 days of the District's initially receiving the complaint or within the time period that has been specified in a written agreement with the complainant. (Title 5, Section 4631) Step 5: Final Written Decision The report of TAS decision shall be written in English and in the language of the complainant whenever feasible or required by law. If it is not feasible to write this report in the complainant's primary language, TAS shall arrange a meeting at which a community member will interpret it for the complainant. T h is re p o rt s h a ll include: 1. T h e fin d in g s a n d d isp o sitio n o f th e co m p la in t, in clu d in g corrective actions, if any (Title 5, Section 4631) 2. T h e ra tionale for the above disposition (Title 5, Section 4631) 3. A detailed statement of all specific issues that were brought up during the investigation and the extent to which these issues were resolved 4. N o tice o f th e co m p la in a n t's rig h t to a p p e a l th e d ecision to the California Department of Education, and procedures to be followed for initiating such an appeal (Title 5, Section 4631) If a n 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 TAS expectations. The report shall not give any further information as to the nature of the disciplinary action. A p p e a ls to th e C a lifo rn ia D e p a rtm e n t o f E d u ca tio n If dissatisfied with TAS decision, the complainant may appeal in writing to the California Department of Education within 15 days of receiving TAS decision. For good cause, the Superintendent of Public Instruction may grant an extension for filing appeals. (Title 5, Section 4652) W hen appealing to the California Department of Education, the complainant must specify the reason(s) for appealing TAS decision and must include a copy of the locally filed complaint and TAS decision. (Title 5, Section 4652) WILLIAMS UNIFORM COMPLAINT PROCEDURES NOTICE TO PARENTS/GUARDIANS: COMPLAINT RIGHTS Parents/Guardians: Education Code requires that the following notice be posted in

7 your child s classroom: 1. There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials, each student, including English learners, must have a textbook or instructional material, or both, to use in class and to take home to complete required homework assignments. 2. School facilities must be clean, safe, and maintained in good repair. Good repair means that the facility is maintained in a manner that assures that it is clean, safe and functional as determined by the Office of Public School Construction. 3. To file a complaint regarding the above matters, complaint forms can be obtained at main office, Chief Operating Officer s office, or can be downloaded from the school s web site.

8 Universal Complaint Procedures ANNUAL NOTIFICATION OF THE UNIFORM COMPLAINT PROCEDURES (UCP) For students, employees, parents or guardians of its students, school and district advisory committees, appropriate private school officials or representatives, and other interested parties has the primary responsibility to insure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination and complaints alleging violation of state or federal laws governing educational programs. shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedures (UCP) adopted by our local board. Unlawful discrimination complaints may be based on actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, or mental or physical disability, or age, or on a person s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity that receives or benefits from state financial assistance. The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in Consolidated Categorical Aid Programs, Child Care And Developmental Programs, Child Nutrition Programs, Special Education Programs, and Safety Planning Requirements. Complaints must be filed in writing with the following compliance officer: Kathy Dominguez Chief Operating Officer 4000 South Main Street Los Angeles, CA (323) Ext Complaints alleging discrimination must be filed within six (6) months from the date the alleged discrimination occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, unless the time for filing is extended by the superintendent or his or her designee. Complaints will be investigated and a written Decision or report will be sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) day time period may be extended by written agreement of the complainant. The LEA person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections and in accordance with local procedures adopted under section 4621.

9 Universal Complaint Procedures The complainant has a right to appeal the LEA s Decision to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving the LEA s Decision. The appeal must include a copy of the complaint filed with the LEA and a copy of the LEA s Decision. Civil law remedies may be available under state or federal discrimination laws, if applicable. In appropriate cases, an appeal may be filed pursuant to Education Code Section A complainant may pursue available civil law remedies outside of the LEA 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. A copy of the Accelerated Schools UCP policy and complaint procedures shall be available free of charge. If you have any questions, please do not hesitate to call (323) Extension Thank You, Kathy Dominguez Chief Operating Officer

10 Williams Settlement Form For Education Code Section Complaints Education Code (EC) Section created a procedure for the filing of complaints 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. The complaint and response are public documents as provided by statute. Complaints may be filed anonymously. However, if you wish to receive a response to your complaint, you must provide the following contact information. Response requested: q Yes q No Name: (Optional) Phone Number: (Optional) Day: Mailing Address: Evening: Issue of complaint (please check all that apply): 1. Textbooks and Instructional Materials q A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state-adopted or district-adopted textbooks or other required instructional materials to use in class. q A pupil does not have access to textbooks or instructional materials to use at home or after school. This does not require two sets of textbooks or instructional materials for each pupil. q Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage. q A pupil was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials. 2. Facility Conditions q A condition poses an urgent or emergency threat to the health or safety of students or staff, including: gas leaks, nonfunctioning heating, ventilation, fire sprinklers or air-conditioning systems, electrical power failure, major sewer line 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 pupils or staff, structural damage creating a hazardous or uninhabitable condition, and any other emergency conditions the school district determines appropriate. q A school restroom has not been maintained or cleaned regularly, is not fully operational and has not been stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. q The school has not kept all restrooms open during school hours when pupils are not in classes, and has not kept a sufficient number of restrooms open during school hours when pupils are in classes. 3. Teacher Vacancy or Misassignment q Teacher vacancy - A semester begins and a teacher vacancy exists. (A teacher vacancy is 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.) q Teacher misassignment - 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. q Teacher misassignment - A teacher is assigned to teach a class for which the teacher lacks subject matter competency. Date of Problem: Location of Problem (School Name, Address, and Room Number or Location): Course or Grade Level and Teacher Name:

11 Please describe the issue of your complaint in detail. You may attach additional pages if necessary to fully describe the situation. Please file this complaint at the following location: Kathy Dominguez Chief Operating Officer 4000 South Main Street Los Angeles, CA (323) Ext. 2631

12 Universal Complaint Procedures Dear Parents, Guardians, Pupils, and Teachers: Pursuant to California Education Code Section 35186, you are hereby notified that: 1. There should be sufficient textbooks and instructional materials. That means each pupil, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home. 2. School facilities must be clean, safe, and maintained in good repair. 3. There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners if present. Teacher 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. 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. 4. A complaint form may be obtained at the school office, district office, or downloaded from the school s Web site at You may also download a copy of the California Department of Education complaint form from the following Web site: If you have any questions, please do not hesitate to call (323) Extension Thank You, Kathy Dominguez Chief Operating Officer