Uniform Complaint Policies and Procedures

Community Relations                                                                                           BP 1312.3

COACHELLA VALLEY UNIFIED SCHOOL DISTRICT        
P.O. BOX 847                                                                  
THERMAL, CA 92274
(760) 848-1091
                                                   
              Adopted by the CVUSD
                        Governing Board on    
                          November 21,2013
 

 UNIFORM COMPLAINT POLICIES AND PROCEDURES

This policy contains rules and instructions about filing, investigation and resolution of a Uniform Complaint Procedures (UPC) complaint regarding an alleged violation by a local education agency of federal or state laws or regulations governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying and noncompliance with laws relating to pupil fees.

This policy also applies to the filing of complaints which allege unlawful discrimination, harassment, intimidation, and bullying against any protected group as identified under Education Code section 200 and 220 and government Code section 11135, including those with actual or perceived characteristics such as age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, disability, national origin, race or ethnicity, religion, sex, sexual orientation, 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 conducted by a local agency, which is funded directly by, or that receives or benefits from any state financial assistance.

This policy presents information about how the Coachella Valley Unified School District (CVUSD) processes UCP complaints concerning particular programs or activities in which we receive state or federal funding.  

A complaint is a written and signed statement by a complaint alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, bullying and charging pupil fees for participation in an educational activity.

A complainant is any individual, including a person’s duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of federal or state laws or regulations, including allegations of unlawful discrimination, harassment, intimidation, bullying and noncompliance with laws relating to pupil fees.  If the complainant is unable to put the complaint in writing, due to a disability or illiteracy, CVUSD shall assist the complainant in the filing of the complainant.

Programs or activities in which CVUSD receives state or federal funding are:

Adult Education, Consolidated Categorical Aid Programs, Migrant Education, Career Technical and Technical Education and Training Programs, Indian Education, Child Care and Development Programs, Child Nutrition Programs, and Special Education Programs.

A pupil fee, deposit, or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of state codes and constitutional provisions which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers.  Educational activities are those offered by a school, school district, charter school, or country office of education that constitute a fundamental part of education, including, but not limited to, curricular and extracurricular activities.

A pupil fee includes, but is not limited to, all of the following:

  • A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.

  • A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.

  • A purchase a pupil is required to make to obtain materials, supplies, equipment or clothes associated with an educational activity.


The following complaints shall be referred to other agencies for appropriate resolution and are not subject to our UCP process set forth in this policy unless these procedures are made applicable by separate interagency agreements:

  • Allegations of child abuse shall be referred to the County Department of Social Services (DSS), Protective Services Division or appropriate law enforcement agency.

  • Health and Safety complaints regarding a Child Development Program shall be referred to the Department of Social Services for licensed facilities, and to the appropriate Child Development regional administrator for licensing-exempt facilities.

  • Employment discrimination complaints shall be sent to the State Department of Fair Employment and Housing (DFEH).

  • Allegations of fraud shall be referred to the Legal, Audits and Compliance Branch in the California Department of Education (CDE).

 


Community Relations       BP 1312(a)

 

UNIFORM COMPLAINT POLICIES AND PROCEDURES

The responsibilities of the Coachella Valley Unified School District (CVUSD)

The Coachella Valley Unified School District has the primary responsibility to insure compliance with applicable state and federal laws and regulations.  The district shall investigate complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination, harassment, intimidation, bully and charging pupil fees for participation in an educational activity and seek to resolve those complaints in accordance with our UCP procedures.

In regards to complaints of noncompliance with laws relating to pupil fees, if CVUSD finds merit in a complaint a remedy will be provided to all affected pupils, parents and guardians, that, where applicable, will include reasonable efforts by CVUSD to ensure full reimbursement to all affected pupils, parents and guardians.

The district’s UCP policies shall ensure that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, and bullying remain confidential as appropriate.  The district’s UCP policies and procedures were approved and adopted by the CVUSD governing board (see the top of this document for final adoption date).

The person responsible for receiving and investigating complaints and ensuring our compliance with state and federal laws and regulations is:

Assistant Superintendent, Human Resources

CVUSD

P.O. Box 847

Thermal, CA 92274

(760) 848-1091


CVUSD ensures that the person above, who is responsible for compliance and/or investigations, is knowledgeable about the laws/programs that he/she is assigned to investigate. Complaints of noncompliance with laws relating to pupil fees are filed with a principal of a school.

CVUSD shall annually notify in writing  students, employees, parents or guardians of the students, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties of the district’s UCP process regarding an alleged violation by a local agency of federal or state law or regulations governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying and noncompliance with laws relating to pupil fees.  The UCP Annual Notice will be disseminated to all of the six (6) required groups each year and will include information on how to appeal to the CDE.  The CVUSD UCP Annual Notice shall also advise the recipient of any civil law remedies that may be available under state or federal discrimination, harassment, intimidation, and bullying laws, if applicable, and of the appeal pursuant to Education Code section 262.3.  CVUSD UCP Annual Notice shall be in English and in the primary language, pursuant to section 48985 of the Education Code, or mode of communication of the recipient of the notice. 

An appeal is a request made in writing to a level higher than the original reviewing level by an aggrieved party requesting reconsideration or a reinvestigation of the lower adjudicating body’s decision. 

A copy of the UCP policies and procedures document shall be available free of charge.


 


Community Relations   BP 1312(b)

 

UNIFORM COMPLAINT POLICIES AND PROCEDURES

Filing a Complaint with the Coachella Valley Unified School District (CVUSD)

Any individual, public agency or organization may file a written UPC complaint with the district superintendent or his/her designee alleging a matter which, if true, would constitute a violation by our district, of federal or state law or regulation governing a program, except for Williams Complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancies or misassignments and complaints that allege discrimination, harassment, intimidation, and bullying.


A complaint of noncompliance with laws relating to pupil fees may be filed with the principal of a school under the UCP and may be filed anonymously if the complainant provides evidence or information leading to evidence to support an allegation of noncompliance with laws relating to pupil fees.


An investigation of alleged unlawful discrimination, harassment, intimidation, and bullying shall be initiated by filing a complaint no later than six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, and bullying.  The time of the filing may be extended in writing by our district superintendent or his/her designee, upon written request by the complainant setting forth the reasons for the extension.  The period of filing may be extended by our superintendent or his/her designee for good cause for a period not to exceed 90 calendar days following the expiration of the six (6) month time period.  The superintendent or designee shall respond immediately upon receipt of a request for extension.


The complaint shall be filed by one who alleges that he/she has personally suffered unlawful discrimination, harassment, intimidation, and/or bullying,  or by one who believes an individual or any specific class of individuals has been subjected to discrimination, harassment, intimidation, and/or bullying prohibited by this part. 


An investigation of a discrimination, harassment, intimidation, and/or bullying complaint shall be conducted in a manner that protects confidentiality of the parties and maintains the integrity of the process.


The district shall conduct and complete an investigation of the complaint, within sixty (60) calendar days, in accordance with our UCP policies and procedures and will prepare a written decision (also known as a final report), except for Williams complaints.  This time period may be extended by written agreement of the complainant.



The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the complaint(s) and evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations.


Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations.


Refusal by CVUSD to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.


The district shall issue a Decision based on the evidence.  The decision shall be in writing and sent to the complainant within sixty (60) calendar days from receipt of the complaint by the district.  The Decision should contain:

  • the findings of fact based on evidence gathered,

  • conclusion of law

  • disposition of complaint,

  • the rationale for such disposition,

  • corrective actions, if any were warranted,

  • notice of the complainant’s right to appeal our district Decision to the CDE, and 

  • procedures to be followed for initiating an appeal to the CDC.



Nothing in this document shall prohibit anyone involved in the complaint from utilizing alternative methods to resolve the allegations, such as mediation.  Nor is the district prohibited from resolving complaints prior to the formal filing of a written complaint.  Mediation is a problem solving activity whereby a third party assists the parties in the dispute in resolving the complaint.

 

______________________________________________________

Federal and State Laws cited:

34 Code of Federal Regulations [CFR]  300.510-511

California Code of Regulations  [CCR]  Title 5  4600-4687

California Code of Regulations  [CCR]  Title 5  4610(b)

California Code of Regulations  [CCR]  Title 5  4622

California Code of Regulations  [CCR]  Title 5  4630-4631

California Education Code [EC] 200, 220, 262.3

California Education Code [EC] 234-234.5

California Education Code [EC] 35186

California Education Code [EC] 48985

California Education Code [EC] 49010 – 49013

California Government Code [GC]  11135, 11138

California Penal Code (PC)  422.55




Uniform Complaint forms are available in Human Resources.