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DEL MAR UNION SCHOOL DISTRICT

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Board Policy/Administrative Regulation 1312.3<br />

35<br />

<strong>DEL</strong> <strong>MAR</strong> <strong>UNION</strong> <strong>SCHOOL</strong> <strong>DISTRICT</strong><br />

COMMUNITY RELATIONS<br />

BOARD POLICY 1312.3: UNIFORM COMPLAINT PROCEDURE<br />

Purpose and Scope:<br />

The Board of Trustees (“Board”) Governing Board recognizes that the District is<br />

primarily responsible for complying with applicable state and federal laws and<br />

regulations governing educational programs. The District shall investigate complaints<br />

alleging failure to comply with applicable state and federal laws and regulations and/or<br />

alleging discrimination, and seek to resolve those complaints in accordance with<br />

procedures set out in sections 4600-4687 of the Title 5 California Code of Regulations<br />

and in accordance with the policies and procedures of the Governing Board. The District<br />

shall follow uniform complaint procedures when addressing complaints alleging unlawful<br />

discrimination against any protected group as identified under Education Code 200 and<br />

220 and Government Code 11135, including actual or perceived sex, sexual orientation,<br />

gender, gender identity or expression, genetic information, ethnic group identification,<br />

race, ancestry, national origin, religion, color, or mental or physical disability, or age, or<br />

on the basis of a person’s association with a person or group with one or more of these<br />

actual or perceived characteristics in any program or activity that receives or benefits<br />

from state financial assistance. The District shall also use uniform complaint procedures<br />

when addressing complaints alleging failure to comply with state and/or federal laws,<br />

consolidated categorical aid programs, child care and development programs, child<br />

nutrition programs, special education programs, and federal school safety planning<br />

requirements.<br />

The Board clarifies that these same uniform complaint procedures may be used to file<br />

complaints with the District or to appeal District decisions which concern unlawful<br />

discrimination under the following federal/state laws: Section 504 or the Rehabilitation<br />

Act of 1973 or Title II of the Americans with Disabilities Act of 1990 (ADA) for the<br />

charges of discrimination based on mental or physical disability; Title IX of the<br />

Education Amendments of 1972 charges of discrimination/harassment based on sex<br />

including charges of sexual harassment; and Title VI of the Education Amendments of<br />

1964 for charges of discrimination based on race, color, or national origin. Title 5,<br />

California Code of Regulations, Section 4900, et, seq. includes sexual identification,<br />

gender identity, ethnic identification, and ancestry.<br />

Complaints related to sufficiency of textbooks or instructional materials, emergency or<br />

urgent facilities conditions that pose a threat to the health or safety of students or staff,<br />

and teacher vacancies and misassignments shall be investigated pursuant to the district’s<br />

Williams uniform complaint procedure (AR 1312.4)<br />

Board Policy 1312.3 (was B.P. 6006 last revised by the Board: December 15, 2004)<br />

Date B.P. 1312.3 reviewed by the Board of Trustees: November 16, 2005<br />

2nd Reading and Approval by the Board of Trustees: December 14, 2005<br />

Approved by the Board of Trustees with Revisions: June 24, 2009<br />

Approved by the Board of Trustees with Revisions: March 23, 2011

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