1312.3 AR - Uniform Complaint Procedures - Mountain View Whisman School District

1312.3 AR - Uniform Complaint Procedures

Community Relations
Administrative Regulation No. 1312.3
Regulation Revised: February 23, 2024

Except as may be otherwise specifically provided in other district policies, these general uniform complaint procedures (UCP) shall be used to investigate and resolve only the complaints specified in the accompanying Board policy.
Compliance Officers

The district designates the individual(s) identified below as the employee(s) responsible for receiving, coordinating, and investigating the district’s response to complaints and for complying with state and federal civil rights laws. The individual(s) also serve as the compliance officer(s) specified in AR 5145.3 - Non Discrimination/Harassment responsible for handling complaints regarding unlawful discrimination, harassment, intimidation, or bullying and in Administrative Regulation 5145.7 - Sexual Harassment for handling complaints regarding sexual harassment.

Tara Vikjord, Chief Human Relations Officer

1400 Montecito Avenue

Mountain View, CA 94043

650-526-3500

The compliance officer who receives a complaint may assign another compliance officer to investigate the complaint. The compliance officer shall promptly notify the complainant if another compliance officer is designated to investigate the complaint.
In no instance shall a compliance officer be assigned to a complaint in which the compliance officer has a bias or conflict of interest that would prohibit him/her from fairly investigating or resolving the complaint. Any complaint filed against a compliance officer or that raises concern about the compliance officer’s ability to investigate the complaint fairly and without bias shall be filed with the Superintendent or designee who shall determine how the complaint will be investigated.
The Superintendent or designee shall ensure that employees designated to investigate and resolve complaints receive training and are knowledgeable about the laws and programs at issue in the complaints to which they are assigned. Training provided to such employees shall include current state and federal laws and regulations governing the program, applicable processes for investigating complaints, including those involving alleged discrimination, harassment, intimidation or bullying; applicable standards for reaching decisions on complaints, and appropriate corrective measures. Assigned employees may have access to legal counsel as determined by the Superintendent or designee.
The compliance officer or, if necessary, any appropriate administrator shall determine whether interim measures are necessary during an investigation and while the result is pending. If interim measures are determined to be necessary, the compliance officer or the administrator shall consult with the Superintendent, the Superintendent’s designee, or, if appropriate, the site principal to implement, if possible, one or more of the interim measures. The interim measures may remain in place until the compliance officer determines that they are no longer necessary or until the district issues its final written decision, whichever occurs first.

Notifications

The district’s UCP policy and administrative regulation shall be posted in all district schools and offices, including staff lounges and student government meeting rooms. (Education Code 234.1)

In addition, the Superintendent or designee shall annually provide written notification of the district’s UCP to students, employees, parents/guardians, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties. ( 5 CCR 4622)

The notice shall include:

1. A statement that the district is primarily responsible for compliance with federal and state laws and regulations, including those related to prohibition of unlawful discrimination, harassment, intimidation, or bullying against any protected group, and a list of all program and activities that are subject to UCP as identified in the section “Complaints Subject to UCP” in the accompanying Board policy.

2. The title of the position responsible for processing complaints, the identity of the person(s) current;y occupying that position if known, and a state that such persons will be knowledgeable about the laws and programs that they are assigned to investigate.

3. A statement that a UCP complaint, except a complaint alleging unlawful discrimination, harassment, intimidation, or bullying, must be filed no later than one year from the date the alleged violation occurred

4. A statement that a UCP complaint alleging unlawful discrimination, harassment, intimidation, or bullying must be filed no later than six months from the date of the alleged conduct or the date the complainant first obtained knowledge of the facts of the alleged conduct

5. A statement that a student enrolled in a public school shall not be required to pay a fee for participation in an educational activity that constitutes an integral fundamental part of the district's educational program, including curricular and extracurricular activities

6. A statement that a complaint regarding student fees or the local control and accountability plan (LCAP) may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint

7. A statement that the district will post a standardized notice of the educational and graduation requirements of foster youth, students experiencing homelessness, children of military families, former juvenile court school students now enrolled in the district, students who are migratory, and students participating in a newcomer program as specified in Education Code 48645.7, 48853, 48853.5, 49069.5, 51225.1, and 51225.2, and the complaint process

8. A statement that complaints will be investigated in accordance with the district's UCP and a written decision will be sent to the complainant within 60 days from the receipt of the complaint, unless this time period is extended by written agreement of the complainant

9. A statement that, for programs within the scope of the UCP as specified in the accompanying Board policy, the complainant has a right to appeal the district's investigation report to the California Department of Education (CDE) by filing a written appeal, including a copy of the original complaint and the district's decision, within 30 calendar days of receiving the district's decision

10. A statement advising the complainant of any civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal laws prohibiting discrimination, harassment, intimidation, or bullying, if applicable

11. A statement that copies of the district's UCP are available free of charge

The annual notification, complete contact information of the compliance officer(s), and information related to Title IX as required pursuant to Education Code 221.6 shall be posted on the district and district school websites and may be provided through district-supported social media, if available.
The Superintendent or designee shall ensure that all students and parents/guardians, including students and parents/guardians with limited English proficiency, have access to the relevant information provided in the district's policy, regulation, forms, and notices concerning the UCP.
If 15 percent or more of students enrolled in a particular district school speak a single primary language other than English, the district's UCP policy, regulation, forms, and notices shall be translated into that language, in accordance with Education Code 234.1 and 48985. In all other instances, the district shall ensure meaningful access to all relevant UCP information for parents/guardians with limited English proficiency.

Filing of Complaints

The complaint shall be presented to the compliance officer who shall maintain a log of complaints received, providing each with a code number and a date stamp. If a site administrator not designated as a compliance officer receives a complaint, the site administrator shall notify the compliance officer.
All complaints shall be filed in writing and signed by the complainant. If a complainant is unable to put a complaint in writing due to conditions such as disability or illiteracy, district staff shall assist him/her in the filing of the complaint. (5 CCR 4600)
Complaints shall be filed in accordance with the following rules, as applicable:

1. A complaint alleging district violation of applicable state or federal law or regulations governing the programs specified in the accompanying Board policy may be filed by any individual, public agency, or organization. (5 CCR 4630)

2. Any complaint alleging noncompliance with law regarding the prohibition against student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence, or information leading to evidence, to support an allegation of noncompliance. A complaint about a violation of the prohibition against charging of unlawful student fees may be filed with the principal of the school or the Superintendent or designee.

3. A UCP complaint, except for a UCP complaint alleging unlawful discrimination, harassment or intimidation or bullying shall be filed no later than one year from the date the alleged violation occurred. For complaints relate to the LCAP, the date of the alleged violation is the date when the County Superintendent of Schools approves the LCAP that was adopted by the governing Board (5 CCR 4630)

4. A complaint alleging unlawful discrimination, harassment, intimidation or bullying may be filed only by a person who alleges having personally suffered unlawful discrimination, a person who believes that any specific class of individuals has been subject to unlawful discrimination, or a duly authorized representative who allege that an individual student has been subjected to discrimination, harassment intimidation or bullying (5 CCR 4630)

5. A complainant alleging unlawful discrimination, harassment, intimidation or bullying shall be initiated no later than six months from the date that the alleged unlawful discrimination occurred, or six months from the date that the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. The time for filing nay be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension (5 CCR 4630)

6. When a complaint alleging unlawful discrimination, harassment, intimidation, or bullying is filed anonymously, the compliance officer shall pursue an investigation or other response as appropriate, depending on the specificity and reliability of the information provided and the seriousness of the allegation.

7. When a complainant of unlawful discrimination, harassment, intimidation, or bullying or the alleged victim, when not the complainant, requests confidentiality, the compliance officer shall inform the complainant or victim that the request may limit the district's ability to investigate the conduct or take other necessary action. When honoring a request for confidentiality, the district shall nevertheless take all reasonable steps to investigate and resolve/respond to the complaint consistent with the request.

Mediation

Within three business days after the complaint, the compliance officer may informally discuss with all the parties the possibility of using mediation. Meditation shall be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. If the parties agree to mediation, the compliance officer shall make all arrangements for this process.

Before initiating the mediation of a complaint alleging retaliation, unlawful discrimination, harassment, intimidation or bullying, the compliance officer shall ensure that all parties agree to permit the mediator access to relevant confidential information. The compliance officer shall also notify all parties of the right to end the informal process at any time.

If the mediation process does not resolve the problem within the parameters of law, the compliance officer shall proceed with his/her investigation of the complaint.

The use of mediation shall not extend the district’s timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time. If mediation is successful and the complaint is withdrawn, then the district shall take only the actions agreed to through the mediation. If mediation is unsuccessful, the district shall then continue with subsequent steps specified in this administrative regulation.

Investigation of Complaint

The compliance officer shall begin an investigation into the complaint within 10 business days after the compliance officer receives the complaint.

Within one business day of initiating the investigation, the compliance officer shall provide the complainant and/or his/her representative with the opportunity to present the information contained in complaint to the compliance officer and shall notify the complainant and/or his/her representative of the opportunity to present the compliance officer with any evidence, or information leading to evidence, to support the allegations in the complaint. Such evidence or information may be presented at any time during the investigation.

In conducting the investigation, the compliance officer shall collect all available documents and review all available records, notes, or statements related to the complaint, including any additional evidence or information received from the parties during the course of the investigation. The compliance officer shall individually interview all available witnesses with information pertinent to the complaint, and may visit any reasonably accessible location where the relevant actions are alleged to have taken place. At appropriate intervals, the compliance office shall inform the parties of the status of the investigation.

To investigate a complaint alleging retaliation, unlawful discrimination, harassment, intimidation or bullying, the compliance officer shall interview the alleged victim(s), any alleged offenders, and other relevant witnesses privately, separately, and in a confidential manner. As necessary, additional staff or legal counsel may conduct or support the investigation.

A complainant’s refusal to provide the district’s investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegation. Refusal by the district to provide the investigator with access to records and/or information related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or any other obstruction of the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant. (5 CCR 4631)

Timeline for Investigation Report

Unless extended by written agreement with the complainant, the compliance officer shall prepare and send to the complainant a written investigation report, as described in the section "Investigation Report" below, within 60 calendar days of the district's receipt of the complaint. (5 CCR 4631)

For any complaint alleging unlawful discrimination, harassment, intimidation, or bullying, the respondent shall be informed of any extension of the timeline agreed to by the complainant.

Investigation Report

For all complaints, the district's investigation report shall include: (5 CCR 4631)

1. The findings of fact based on the evidence gathered

2. A conclusion providing a clear determination for each allegation as to whether the district is in compliance with the relevant law

3. Corrective action(s) whenever the district finds merit in the complaint, including, when required by law, a remedy to all affected students and parents/guardians and, for a student fees complaint, a remedy that complies with Education Code 49013 and 5 CCR 4600

4. Notice of the complainant's right to appeal the district's investigation report to CDE, except when the district has used the UCP to address a complaint not specified in 5 CCR 4610

5. Procedures to be followed for initiating an appeal to CDE

The investigation report may also include follow-up procedures to prevent recurrence or retaliation and for reporting any subsequent problems.

In consultation with district legal counsel, information about the relevant part of an investigation report may be communicated to a victim who is not the complainant and to other parties who may be involved in implementing the investigation report or are affected by the complaint, as long as the privacy of the parties is protected. In a complaint alleging unlawful discrimination, harassment, intimidation, or bullying, notice of the investigation report to the alleged victim shall include information about any sanction to be imposed upon the respondent that relates directly to the alleged victim.

If the complaint involves a limited-English-proficient (LEP) student or parent/guardian, then the district's response, if requested by the complainant, and the investigation report shall be written in English and the primary language in which the complaint was filed.
For complaints alleging unlawful discrimination, harassment, intimidation, or bullying based on state law, the investigation report shall also include a notice to the complainant that:

1. The complainant may pursue available civil law remedies outside of the district's complaint procedures, including, but not limited to, injunctions, restraining orders or other remedies or orders, 60 calendar days after the filing of an appeal with CDE (Education Code 262.3)

2. The 60 days moratorium does not apply to complaints seeking injunctive relief in state courts or to discrimination complaints based on federal law (Education Code 262.3

3. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights at www.ed.gov/ocr within 180 days of the alleged discrimination

Corrective Actions

When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law. Appropriate corrective actions that focus on the larger school or district environment may include, but are not limited to, actions to reinforce district policies, training for faculty, staff, and students, updates to school policies, or school climate surveys.
For complaints involving retaliation, unlawful discrimination, harassment, intimidation or bullying, appropriate remedies that may be offered to the victim but not communicated to the respondent may include, but are not limited to, the following:

1. Counseling

2. Academic support

3. Health services

4. Assignment of an escort to allow the victim to move safely about campus

5. Information regarding available resources and how to report similar incidents or retaliation

6. Separation of the victim from any other individuals involved, provided the separation does not penalize the victim

7. Restorative justice

8. Follow-up inquiries to ensure that the conduct has stopped and there has been no retaliation

9. Determination of whether any past actions of the victim that resulted in discipline were related to the treatment the victim received and described in the complaint.

For complaints involving retaliation, unlawful discrimination, harassment, intimidation or bullying involving a student as the respondent, appropriate corrective actions may be provided to the student include, but are not limited to, the following:

1. Transfer from a class or school as permitted by law

2. Parent/guardian conference

3. Education regarding the impact of the conduct on others

4. Positive behavior support

5. Referral to a student success team

6. Denial of participation in extracurricular or co-curricular activities or other privileges as permitted by law

7. Disciplinary action, such as suspension or expulsion, as permitted by law.

When an employee is found to have committed retaliation or unlawful discrimination, harassment, intimidation, or bullying, the district shall take appropriate disciplinary action, up to and including dismissal, in accordance with applicable law and collective bargaining agreement.
The district may also consider training and other interventions for the larger school community to ensure that students, staff, and parents/guardians understand the types of behavior that constitute unlawful discrimination, including discriminatory harassment, intimidation, or bullying, that the district does not tolerate it, and how to report and respond to it.
When a complaint is found to have merit, an appropriate remedy shall be provided to the complainant or other affected persons.
However, if a complaint alleging noncompliance with the law regarding student fees, deposits, and other charges, physical education instructional minutes, courses without educational content, or or any requirement related to the LCAP is found to have merit, the district shall provide a remedy to all affected students and parents/guardians, subject to procedures established by regulation of the State Board of Education. (Education Code 49013, 51222, 51223, 51228.3, 52075)
For complaints alleging noncompliance with the law regarding student fees, the district, by engaging in reasonable efforts, shall attempt in good faith to identify and fully reimburse all affected students and parents/guardians who paid the unlawful student fees within one year prior to the filing of the complaint. (Education Code 49013; 5 CCR 4600)
Appeals to the California Department of Education

Any complainant who is dissatisfied with the district’s investigation report on a complaint regarding any specified federal or state educational programs subject to the UCP may file an appeal in writing with the CDE within 30 calendar days of receiving the district’s investigation report. (5 CCR 4632)
The appeal shall be sent to CDE with a copy of the original locally filed complaint and a copy of the district's investigation report for that complaint. The complainant shall specify and explain the basis for the appeal, including at least one of the following: (5 CCR 4632)

1. The district failed to follow its complaint procedures

2. Relative to the allegations of the complaint, the district's investigation report lacks material findings of fact necessary to reach a conclusion of law

3. The material findings of fact in the district's investigation report are not supported by substantial evidence

4. The legal conclusion in the district's investigation report is inconsistent with the law

5. In a case in which the district found noncompliance, the corrective actions fail to provide a proper remedy

Upon notification by the CDE that the district’s investigation report has been appealed, the Superintendent or designee shall forward the following documents to the CDE within 10 days of the date of notification: (5 CCR 4633)

1. A copy of the original complaint
2. A copy of the district’s investigation report
3. A summary of the nature and extent of the investigation conducted by the district, if not covered by the decision
4. A copy of the investigation file including, but not limited to, all notes, interviews, and documents submitted by the parties and gathered by the investigator
5. A report of any action taken to resolve the complaint
6. A copy of the district’s uniform complaint procedures
7. Other relevant information requested by the CDE

If notified by CDE that the district's investigation report failed to address allegation(s) raised by the complaint, the district shall, within 20 days of the notification, provide CDE and the appellant with an amended investigation report that addresses the allegation(s) that were not addressed in the original investigation report. The amended report shall also inform the appellant of the right to separately appeal the amended report with respect to the allegation(s) that were not addressed in the original report. (5 CCR 4632)

Health and Safety Complaints in License-Exempt Preschool Programs

Any complaint regarding health or safety issues in a license-exempt California State Preschool Program (CSPP) shall be addressed through the procedures described in 5 CCR 4690-4694.
In order to identify appropriate subjects of CSPP health and safety issues pursuant to Health and Safety Code 1596.7925, a notice shall be posted in each license-exempt CSPP classroom in the district notifying parents/guardians, students, and teachers of the health and safety requirements of Title 5 regulations that apply to CSPP programs pursuant to Health and Safety Code 1596.7925 and the location at which to obtain a form to file any complaint alleging noncompliance with those requirements. For this purpose, the Superintendent or designee may download and post a notice available from the CDE website. (Education Code 8212; 5 CCR 4691)
The district's annual UCP notification distributed pursuant to 5 CCR 4622 shall clearly indicate which of its CSPP programs are operating as exempt from licensing and which CSPP programs are operating pursuant to requirements under Title 22 of the Code of Regulations. (5 CCR 4691)
Any complaint regarding specified health or safety issues in a license-exempt CSPP program shall be filed with the preschool program administrator or designee, and may be filed anonymously. The complaint form shall specify the location for filing the complaint, contain a space to indicate whether the complainant desires a response to the complaint, and allow a complainant to add as much text as desired to explain the complaint. (Education Code 8212; 5 CCR 4690)
If it is determined that the complaint is beyond the authority of the preschool program administrator, the matter shall be forwarded to the Superintendent or designee in a timely manner, not to exceed 10 working days, for resolution. The preschool administrator or the Superintendent or designee shall make all reasonable efforts to investigate any complaint within their authority. (Education Code 8212; 5 CCR 4692)
Investigation of a complaint regarding health or safety issues in a license-exempt CSPP program shall begin within 10 days of receipt of the complaint. (Education Code 8212; 5 CCR 4692)
The preschool administrator or designee shall remedy a valid complaint within a reasonable time period not to exceed 30 working days from the date the complaint was received. If the complainant has indicated on the complaint form a desire to receive a response to the complaint, the preschool administrator or Superintendent's designee shall, within 45 working days of the initial filing of the complaint, report the resolution of the complaint to the complainant and CDE's assigned field consultant. If the preschool administrator makes this report, the information shall be reported at the same time to the Superintendent or designee. (Education Code 8212; 5 CCR 4692)
If a complaint regarding health or safety issues in a license-exempt CSPP program involves an LEP student or parent/guardian, then the district's response, if requested by the complainant, and the investigation report shall be written in English and the primary language in which the complaint was filed.
If a complainant is not satisfied with the resolution of a complaint, the complainant has the right to describe the complaint to the Board at a regularly scheduled hearing and, within 30 days of the date of the written report, may file a written appeal of the district's decision to the Superintendent of Public Instruction in accordance with 5 CCR 4632. (Education Code 8212; 5 CCR 4693, 4694)
All complaints and responses are public records. (5 CCR 4690)
On a quarterly basis, the Superintendent or designee shall report summarized data on the nature and resolution of all CSPP health and safety complaints, including the number of complaints by general subject area with the number of resolved and unresolved complaints, to the Board at a regularly scheduled Board meeting and to the County Superintendent. (5 CCR 4693)

Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

State Description

2 CCR 11023 Harassment and discrimination prevention and correction

5 CCR 15580-15584 Child nutrition programs complaint procedures

5 CCR 3200-3205 Special education compliance complaints

5 CCR 4600-4670 Uniform complaint procedures

5 CCR 4600-4687 Uniform complaint procedures and Williams complaints

5 CCR 4690-4694 Complaints regarding health and safety issues in license-exempt preschool programs

5 CCR 4900-4965 Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance

Ed. Code 18100-18203 School libraries

Ed. Code 200-262.4 Prohibition of discrimination

Ed. Code 32280-32289.5 School safety plans

Ed. Code 35186 Williams uniform complaint procedures

Ed. Code 46015 Parental leave for students

Ed. Code 48645.7 Juvenile court schools

Ed. Code 48853-48853.5 Foster youth

Ed. Code 48985 Notices to parents in language other than English

Ed. Code 49010-49013 Student fees

Ed. Code 49060-49079 Student records

Ed. Code 49069.5 Records of foster youth

Ed. Code 49490-49590 Child nutrition programs

Ed. Code 49701 Provisions of the Interstate Compact on Educational Opportunities for Military Children

Ed. Code 51204.5 Social sciences instruction; contributions of specified groups

Ed. Code 51210 Course of study for grades 1-6

Ed. Code 51222 Physical education

Ed. Code 51223 Physical education; elementary schools

Ed. Code 51225.1-51225.2 Foster youth, homeless children, former juvenile court school students; course credits; graduation requirements

Ed. Code 51226-51226.1 Career technical education

Ed. Code 51228.1-51228.3 Course periods without educational content

Ed. Code 51501 Nondiscriminatory subject matter

Ed. Code 52059.5 Statewide system of support

Ed. Code 52060-52077 Local control and accountability plan

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

Ed. Code 52300-52462 Career technical education

Ed. Code 52500-52617 Adult schools

Ed. Code 54400-54425 Compensatory education programs

Ed. Code 54440-54445 Migrant education

Ed. Code 54460-54529 Compensatory education programs

Ed. Code 59000-59300 Special schools and centers

Ed. Code 60010 Instructional materials; definition

Ed. Code 60040-60052 Requirements for instructional materials

Ed. Code 64000-64001 Consolidated application process; school plan for student achievement

Ed. Code 65000-65001 School site councils

Ed. Code 8200-8488 Child care and development programs

Ed. Code 8500-8538 Adult basic education

Gov. Code 11135 Prohibition of discrimination

Gov. Code 12900-12996 Fair Employment and Housing Act

H&S Code 1596.792 California Child Day Care Act; general provisions and definitions

H&S Code 1596.7925 California Child Day Care Act; health and safety regulations

Pen. Code 422.55 Definition of hate crime

Pen. Code 422.6 Crimes; harassment

Federal Description

20 USC 1221 Application of laws

20 USC 1232g Family Educational Rights and Privacy Act (FERPA) of 1974

20 USC 1681-1688 Title IX of the Education Amendments of 1972; discrimination based on sex

20 USC 6301-6576 Title I Improving the Academic Achievement of the Disadvantaged

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

28 CFR 35.107 Nondiscrimination on basis of disability; complaints

29 USC 794 Rehabilitation Act of 1973; Section 504

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

34 CFR 104.7 Section 504; Designation of responsible employee and adoption of grievances procedures

34 CFR 106.1-106.82 Nondiscrimination on the basis of sex in education programs

34 CFR 106.30 Discrimination on the basis of sex in education programs and activities; definitions

34 CFR 106.44 Recipient's response to sexual harassment

34 CFR 106.45 Grievance process for formal complaints of sexual harassment

34 CFR 106.8 Designation of coordinator; dissemination of policy, and adoption of grievance procedures

34 CFR 110.25 Notification of nondiscrimination on the basis of age

34 CFR 99.1-99.67 Family Educational Rights and Privacy

42 USC 11431-11435 McKinney-Vento Homeless Assistance Act

42 USC 12101-12213 Americans with Disabilities Act

42 USC 2000d-2000d-7 Title VI, Civil Rights Act of 1964

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

42 USC 6101-6107 Age Discrimination Act of 1975

Management Resources Description

California Department of Education Publication Uniform Complaint Procedure 2021-22 Program Instrument

California Department of Education Publication Sample UCP Board Policies and Procedures

U.S. DOE, Office for Civil Rights Publication Part 1: Questions and Answers Regarding the Department’s Title IX Regulations, January 2021

U.S. DOE, Office for Civil Rights Publication Questions and Answers on the Title IX Regulations on Sexual Harassment, July 2021

U.S. DOE, Office for Civil Rights Publication Dear Colleague Letter: Responding to Bullying of Students with Disabilities, October 2014

U.S. DOJ Publication Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 2007

Website CSBA District and County Office of Education Legal Services

Website Student Privacy Policy Office

Website U.S. Department of Agriculture

Website California Department of Social Services

Website U.S. Department of Justice

Website California Department of Education

Website CSBA

Website U.S. Department of Education, Office for Civil Rights

Website California Civil Rights Department

Cross References

Code Description

0410 Nondiscrimination In District Programs And Activities

0420 School Plans/Site Councils

0420.41 Charter School Oversight

0420.41-E(1) Charter School Oversight

0430 Comprehensive Local Plan For Special Education

0450 Comprehensive Safety Plan

0460 Local Control And Accountability Plan

0470 COVID-19 Mitigation Plan

1100 Communication With The Public

1113 District And School Websites

1113-E(1) District And School Websites

1114 District-Sponsored Social Media

1220 Citizen Advisory Committees

1250 Visitors/Outsiders

1312.1 Complaints Concerning District Employees

1312.2 Complaints Concerning Instructional Materials

1312.2-E(1) Complaints Concerning Instructional Materials

1312.4 Williams Uniform Complaint Procedures

1312.4-E(1) Williams Uniform Complaint Procedures

1312.4-E(2) Williams Uniform Complaint Procedures

1313 Civility

1340 Access To District Records

3260 Fees And Charges

3555 Nutrition Program Compliance

3555-E(1) Nutrition Program Compliance

3580 District Records

4030 Nondiscrimination In Employment

4112.23 Special Education Staff

4112.9 Employee Notifications

4112.9-E(1) Employee Notifications

4118 Dismissal/Suspension/Disciplinary Action

4119.1 Civil And Legal Rights

4119.11 Sexual Harassment

4119.23 Unauthorized Release Of Confidential/Privileged Information

4131 Staff Development

4212.9 Employee Notifications

4212.9-E(1) Employee Notifications

4218 Dismissal/Suspension/Disciplinary Action

4219.1 Civil And Legal Rights

4219.11 Sexual Harassment

4219.23 Unauthorized Release Of Confidential/Privileged Information

4231 Staff Development

4244 Complaints

4312.9 Employee Notifications

4312.9-E(1) Employee Notifications

4319.1 Civil And Legal Rights

4319.11 Sexual Harassment

4319.23 Unauthorized Release Of Confidential/Privileged Information

4331 Staff Development

4344 Complaints

5116.1 Intradistrict Open Enrollment

5117 Interdistrict Attendance

5125 Student Records

5131.62 Tobacco

5137 Positive School Climate

5141.22 Infectious Diseases

5141.4 Child Abuse Prevention And Reporting

5144 Discipline

5144.1 Suspension And Expulsion/Due Process

5145.3 Nondiscrimination/Harassment

5145.6 Parent/Guardian Notifications

5145.6-E(1) Parent/Guardian Notifications

5145.7 Sexual Harassment

5145.71 Title IX Sexual Harassment Complaint Procedures

5145.71-E(1) Title IX Sexual Harassment Complaint Procedures

5145.9 Hate-Motivated Behavior

5146 Married/Pregnant/Parenting Students

5148 Child Care And Development

5148.2 Before/After School Programs

5148.3 Preschool/Early Childhood Education

6142.1 Sexual Health And HIV/AIDS Prevention Instruction

6142.7 Physical Education And Activity

6145 Extracurricular And Cocurricular Activities

6145.2 Athletic Competition

6146.1 High School Graduation Requirements

6152 Class Assignment

6159 Individualized Education Program

6159.1 Procedural Safeguards And Complaints For Special Education

6159.2 Nonpublic, Nonsectarian School And Agency Services For Special Education

6159.3 Appointment Of Surrogate Parent For Special Education Students

6161.1 Selection And Evaluation Of Instructional Materials

6161.1-E(1) Selection And Evaluation Of Instructional Materials

6161.11 Supplementary Instructional Materials

6163.1 Library Media Centers

6164.2 Guidance/Counseling Services

6164.4 Identification And Evaluation Of Individuals For Special Education

6164.5 Student Success Teams

6171 Title I Programs

6173 Education For Homeless Children

6173-E(1) Education For Homeless Children

6173-E(2) Education For Homeless Children

6173.1 Education For Foster Youth

6173.2 Education Of Children Of Military Families

6173.3 Education For Juvenile Court School Students

6175 Migrant Education Program

6178 Career Technical Education

6178.1 Work-Based Learning

6178.2 Regional Occupational Center/Program

6200 Adult Education

9000 Role Of The Board

9011 Disclosure Of Confidential/Privileged Information

9012 Board Member Electronic Communications

9124 Attorney

9200 Limits Of Board Member Authority

9321 Closed Session

9321-E(1) Closed Session

9321-E(2) Closed Session

9322 Agenda/Meeting Materials

Mountain ViewWhismanSchool District

Mountain ViewWhismanSchool District

1312.3 AR - Uniform Complaint Procedures

Mountain ViewWhismanSchool District