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DEL MAR UNION SCHOOL DISTRICT

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Board Policy/Administrative Regulation 1312.3<br />

41<br />

For complaints concerning insufficiency of instructional materials, emergency or urgent<br />

facility conditions, and/or teacher vacancy or misassignment issues, the complaint may<br />

be anonymous. However, if the complainant requests a response, he or she must provide<br />

contact information.<br />

Complaints alleging unlawful discrimination may be filed by a person who alleges that<br />

he/she personally suffered unlawful discrimination or by a person who believes that an<br />

individual or any specific class of individuals has been subjected to unlawful<br />

discrimination. The complaint must be initiated no later than six (6) months from the<br />

date when the alleged discrimination occurred or when the complainant first obtained<br />

knowledge of the facts of the alleged discrimination, unless the time for filing is extended<br />

by the compliance officer, upon written request by the complainant setting forth the<br />

reasons for the extension, for good cause for a period not to exceed 90 calendar days<br />

following the expiration of the time allowed. The compliance officer shall respond<br />

immediately upon receipt of requests for extensions.<br />

The complaint shall be presented to either the compliance officer or designee, depending<br />

on the nature of the complaint. The compliance officer or designee will maintain a log of<br />

complaints received, providing each one with a number and a date stamp.<br />

If the complaint concerns insufficiency of instructional materials, emergency or urgent<br />

facility conditions, and/or teacher vacancy or misassignment issues, the complaint shall<br />

be filed with the school principal or the designee at the school site where the complaint<br />

arises. If the complaint is beyond the authority of the school principal, he or she must<br />

forward it to the appropriate school district official within ten (10) working days of<br />

receipt of the complaint.<br />

If a complainant is unable to put a complaint in writing due to conditions such as<br />

illiteracy or other disabilities, District staff shall help him/her to file the complaint.<br />

California Administrative Code, Title 5, Section 4611 mandates that the complaints listed<br />

below shall be referred to the specified agencies for appropriate resolution and are not<br />

subject to the local Board of Education and/or to the State Department of Education’s<br />

complaint procedures, as set forth in this policy unless these procedures are made<br />

applicable by separate interagency agreements or by other applicable law:<br />

1. Allegations of child abuse shall be referred to the applicable County Department of<br />

Social Services (DSS), Protective Services Division or appropriate law enforcement<br />

agency.<br />

2. Health and safety complaints regarding a Child Development Program shall be<br />

referred to Department of Social Services for licensed facilities, and to the<br />

appropriate Child Development regional administrator for licensing-exempt<br />

facilities.<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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