Complaints related to sufficiency of textbooks or instructional materials, emergency or urgent facilities’ conditions that pose a threat to the health or safety of students or staff, teacher vacancies and misassignments, and CAHSEE Intensive Instruction and Services shall be investigated pursuant to the District’s Williams uniform complaint procedure (AR 1312.4).
What is complaint?
A complaint is a written statement alleging discrimination, harassment, or a violation of a federal or state law or regulation. A complaint must be filed by way of the Uniform Complaint Procedures (UCP) as written in the California Code of Regulations, Title 5, sections 4600-4687.
The following document describes the process in filing a complaint. Topics include referring complaint issues, local educational agency responsibilities, district policies and procedures, filing a local complaint, time lines, appealing local agency decisions, department resolution procedures, the on-site investigation process, and California Department of Education investigation procedures and investigation report.
The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Scope of Title IX
Title IX applies to institutions that receive Federal financial assistance from ED, including state and local educational agencies. These agencies include approximately 16,500 local school districts, 7,000 postsecondary institutions, as well as charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.
Educational programs and activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.
The California Dept. of Education for Equal Opportunity is responsible for ensuring compliance with State and Federal civil rights laws and regulations, Title IX, Americans with Disabilities Act (ADA) Section 504, and Methods of Administration (MOA) in CDE employment and delivery of education services. For more information, visit http://www.cde.ca.gov/re/di/eo/