1312.3 BP - Uniform Complaint Procedures

Community Relations                                               
Board Policy No. 1312.2
Policy adopted:  October 4, 2018
Updated: May 20, 2021

Uniform Complaint Procedures

Williams Uniform Complaint Form (Español)
Uniform Complaint Form (Español)


This document contains rules and instructions about the filing, investigation and resolution of a Uniform Complaint Procedures (UCP) complaint regarding an alleged violation by Mountain View Whisman School District of federal or state laws or regulations governing educational programs.

This document presents information about how we process UCP complaints concerning particular programs or activities that are subject to the UCP.

A UCP complaint is a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation or bullying. A signature may be handwritten, typed (including in an email) or electronically generated. Complaints may be filed anonymously. AUCP complaint filed on behalf of an individual student may only be filed by that student or that student's duly authorized representative.

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 or bullying in programs and activities funded directly by the state or receiving any financial assistance from the state.

If the complainant is unable to put the complaint in writing, due to a disability or illiteracy, we shall assist the complainant in the filing of the complaint.

The Mountain View Whisman School District developed the Uniform Complaint
Procedures (UCP) process with policies and procedures adopted by the board.

According to state and federal codes and regulations, the programs and activities subject to the UCP are:

٠Accommodations for Pregnant and Parenting Pupils
٠Adult Education
٠After School Education and Safety
٠Agricultural Career Technical Education
٠Career technical and technical education and career technical and technical training programs
٠Child care and development programs
٠Compensatory Education
٠Consolidated categorical aid programs
٠Course Periods without Educational Content
٠Discrimination, harassment, intimidation, or bullying against any protected group as identified under Education Code {EC) sections 200 and 220 and Government Code Section 11135, including any actual or perceived characteristic as set forth in Penal Code Section 422.55, 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 an educational institution, as defined in EC Section 210.3, that is funded
directly by, or that receives or benefits from, any state financial assistance.
٠Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families and pupils formerly in Juvenile Court now enrolled in a school district
٠Every Student Succeeds Act
٠Local control and accountability plans (LCAP)
٠Migrant Education
٠Physical Education Instructional Minutes
٠Pupil Fees
٠Reasonable Accommodations to a lactating Pupil
٠Regional Occupational Centers and Programs
٠Schools Plans for Students Achievement
٠School Safety Plans
٠School Site Councils
٠State Preschool
٠State Preschool Health and Safety Issues In lEAs Exempt from licensing
And any other state or federal educational program the state Superintendent of Public Instruction (SSPI) of the California Department of Education (CDE) or designee deems appropriate.

The programs and activities subject to the UCP in which the Mountain View Whisman School District operates are:

٠Accommodations for Pregnant and Parenting Pupils
٠After School Education and Safety
٠Child care and development programs
٠Compensatory Education
٠Consolidated categorical aid programs
٠Course Periods without Educational Content
٠Discrimination, harassment, intimidation, or bullying against any protected group as identified under Education Code {EC) sections 200 and 22٥ and Government Code Section 11135, including any actual or perceived characteristic as set forth in Penal Code Section 422.55, 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 an educational institution, as defined in EC Section 210.3, that is funded
directly by, or that receives or benefits from, any state financial assistance.
٠Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families and pupils formerly in juvenile Court now enrolled in a school district
٠Every Student Succeeds Act
٠Local control and accountability plans (ICAP)
٠Migrant Education
٠Physical Education Instructional Minutes
٠Pupil Fees
٠Reasonable Accommodations to a lactating Pupil
٠School Plans for Student Achievement
٠School Safety Plans
٠School Site Councils
٠State Preschool
And any other state or federal educational program the state Superintendent of Public Instruction (SSPI) of the California Department of Education (CDE) or designee deems appropriate.

The following complaints shall be referred to the specified agencies for appropriate resolution and are not subject to the our UCP complaint procedures set forth in this document:

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

(b) Health and safety complaints regarding licensed facilities operating a Child
Development Program shall be referred to DSS.

(c) Employment discrimination complaints shall be sent to the state Department of Fair Employment and Housing (DFEH). the complainant shall be notified in writing in a timely manner of any DFEH transferal.

The Responsibilities of Mountain View Whisman School District

We shall have the primary responsibility to ensure compliance with applicable state and federal laws and regulations. We shall investigate and seek to resolve, in accordance with the our approved UCP process, complaints alleging failure to comply with applicable state and federal laws and regulations including, but not limited to, allegations of discrimination, harassment, intimidation, or bullying or noncompliance with laws relating to all programs and activities we implement that are subject to the UCP.

The UCP Annual Notice
We disseminate on an annual basis the UCP Annual Notice which is a written notice of the our UCP complaint procedures.

This notice may be made available on our website and shall include the following:
٠the list of all federal and state programs within the scope of the UCP;
٠the title of the position whose occupant is responsible for processing complaints, and the identity(ies) of the person(s) currently occupying that position, if known;
٠a statement that the occupant responsible for processing complaints is knowledgeable about the laws and programs that they are assigned to investigate;

Filing UCP Complaints

All UCP complaints shall be filed no later than one year from the date the alleged violation occurred.
Complaints within the scope of the UCP are to be filed with the person responsible for processing complaints:

Tara Vikjord, Chief Human Relations Officer
Mountain View Whisman School District
1400 Montecito Avenue
650-526-3553
[email protected]

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

A pupil fees complaint may be filed with the principal of a school or with our superintendent or their designee. A pupil fees complaint may be filed anonymously, that is, without an identifying signature, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance.

For complaints relating to Local Control and Accountability Plans (LCAP), the date of the alleged violation is the date when the reviewing authority approves the ICAP or annual update that we adopted. An ICAP complaint may be filed anonymously, that is, without an identifying signature, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance.

We advise complainants of the right to pursue civil law remedies that may be available under state or federal discrimination, harassment, intimidation or bullying laws, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may also be available to complainants.

Investigating UCP Complaints
The UCP complaint investigation is our administrative process for the purpose of gathering data regarding the complaint. We provide an opportunity for complainants and/or representatives to present evidence or information.

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 other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations.

Refusal by the Mountain View Whisman School District 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 aremedy in favor of the complainant.

We ensure that complainants are protected from retaliation.

We investigate all allegations of unlawful discrimination, harassment. Intimidation or bullying against any protected group. Unlawful discrimination, harassment, intimidation or bullying complaints shall be filed no later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.

UCP Complaint Resolution
We will thoroughly investigate the UCP complaint and issue a written Investigation Report to the complainant within 60 calendar days from the date of the receipt of the complaint, unless the complainant agrees in writing to an extension of time.

This Investigation Report will contain the following elements:
٠the findings of fact based on the evidence gatheredً
٠a conclusion that provides a clear determination for each allegation as to whether we are in compliance with the relevant lawً
٠corrective actions if we find merit in a complaint:
-including complaints of Pupil Fees: ICAP; Physical Education Instructional Minutes, or
Course Periods without Educational Content, the remedy shall go to all affected pupils, parents, and guardians,
-for all other complaints within the scope of the Uniform Complaint Procedures the remedy shall go to the affected pupil,
-With respect to a pupil fees complaint, corrective actions shall include a remedy where in good faith, by engaging in reasonable efforts, an attempt to identify and fully reimburse all pupils, parents and guardians who paid a pupil fee within one year prior to the filing of the complaint;
٠a notice of the complainant's right to appeal our Investigation Report to the
Department of Education (CDE): and
٠the procedures to be followed for initiating an appeal to the CDE.

UCP Complaint Appeal Process
An appeal is a written and signed request by the complainant to the CDE seeking review of an lEA Investigation Report that was issued in response to a properly-filed complaint. A signature may be handwritten, typed (including In an email) or electronically-generated.

The complainant may appeal our Investigation Report of a UCP complaint to the CDE by filing a written appeal within 30 calendar days of the date. In order to request an appeal, the complainant must specify and explain the basis for the appeal, including at least one of the following:

٠The Mountain View Whisman School District failed to follow its complaint procedures, and/or
٠the Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
٠the material findings of fact in the Investigation Report are not supported by
substantial evidence, and/or
٠the legal conclusion in the Investigation Report is inconsistent with the law, and/or
٠in a case in which we were found in noncompliance, the corrective actions fail to provide a proper remedy.
The appeal shall be sent with: (1) a copy of the locally filed complaint: and (2) a copy of the LEA Investigation Report.

Legal References
20 United States Code [20 U.S.C.) Section 6301 et seq.
34 Code of Federal Regulations [34 CFR] Sections 106.8, 34 CFR 299.10-11
California Education Codes [EC] Sections 200, 201, 210.1, 210.3, 220, 221.1,222,234.1,260, 3031, 8200-8498, 8235.5, 8235-8239.1, 8261, 8482-8484.65, 8500-8538
17002(d), 17592.72, 32280-32289, 32289, 33126(b)(5)(A), 33126(b)(5)(B), 33315,
35161, 35186, 46615, 48645.7, 48853, 48853.5, 48987, 4961649613, 49669.5, 49531, 49556, 51216, 51222, 51223, 51225.1-3, 51228.1-51228.3, 52659, 52675, 52366-
52462, 52334.7, 52355, 52451, 52466-52462, 52566-52617, 54446-54445, 54445, 56166(a), 56100j), 66616, 64661, 65666.
California Government Code [GC] Sections 11135,11136, 12966
California Penal Code [PC] Section 422.55, 11166
California Code of Regulations (CCR) Sections 4666-4646, 4696-4694
 

 

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