Uniform Complaint Procedures - Long Beach Unified School District

Authorized by California Code of Regulations, Title5, sections 4600 – 4687What is a complaint? A complaint is a written statement allegingdiscrimination, or a violation of a federal or statelaw within the following programs:* Adult Education* Career/Technical Education* Child Development* Consolidated Categorical Aid- No Child Left Behind (NCLB)- State Compensatory Education- State Program for Students ofLimited English Proficiency- School Improvement- Tenth-Grade Counseling- Tobacco-Use PreventionEducation- Peer Assistance and Review- School Safety and ViolencePrevention Act* Migrant and Indian Education* Nutrition Services* Special Education* Discrimination* Harassment* Civil Rights GuaranteesUniformComplaintProceduresWilliams Settlement complaints regardinginstructional materials, emergency or urgentfacilities conditions that pose a threat to thehealth and safety of pupils, and teacher vacancyor misassignment may be filed anonymously.Schools shall have a complaint form availablefor these types of complaints. Schools will notreject a complaint if the form is not used as longas the complaint is submitted in writing.What are the responsibilities of thecomplainant?The complainant: Receives and reviews the complaint proceduresfrom the Local Educational Agency (LEA).Files a written complaint by following the stepsdescribed by the LEA complaint procedures.Provides the LEA investigator with documentsand other evidence related to the allegations inthe complaint.Files a written appeal within 15 days to theCalifornia Department of Education (CDE) forresolution if he or she finds the Decision of theLEA is incorrect.Specifies in the appeal, the reason for the appealto CDE and why the LEA facts are incorrectand/or the law is misapplied. The appeal packetshall contain a copy of the original complaint tothe LEA and a copy of the LEA Decision.Requests a reconsideration within 35 days to theState Superintendent of Public Instruction (SPI)if he or she finds the determination of the CDE’sfinding of facts are incorrect or the law ismisapplied.What are the responsibilities of the LEA?The LEA: Ensures compliance with applicable federal andstate laws and regulations.Adopts complaint policies and procedures notinconsistent with the California Code ofRegulations, Title 5, Sections 4600 – 4687.Designates a staff member to be responsible forreceiving, investigating and resolvingcomplaints.Annually notifies parents, employees,committees, students and other interested partiesof the LEA complaint procedures, including theopportunity to appeal the LEA’s Decision. Thenotice must alsoAdvise recipients of any civil law legal remediesthat may be available. The notice must be (a) inEnglish; (b) in the primary language of thestudents when 15 percent or more of the studentsspeak that language.Protects complainants from retaliation.Implements the following procedures:1. Any individual, public agency, ororganization alleging a violation of federalor state statutes may file a written complaintregarding specific programs with the LEA.2. Discrimination complaints must be filedwith the LEA by a person harmed or by aperson on behalf of others who have beensubjected to discrimination. Thesecomplaints must be filed no later than sixmonths from the date of the occurrence, orfrom the time the complainant first learnedof the facts of the discrimination. The LEAmust protect the confidentiality of the partiesand the facts related to the case.Resolves the complaint and completes a writtenreport within 60 days of receipt of a complaint.The LEA must give the filing party andopportunity to present evidence relevant to thecomplaint. The LEA must also advise thecomplainant regarding appeal rights to CDEwithin 15 days of receipt of the LEA writtenreport.What are the responsibilities of the CDE?The California Code of Regulations, Title 5, Section4610 authorizes CDE, through the UCP to processonly complaints regarding student discriminationand/or categorical programs that are mandated bycertain federal and state statutes and regulations asappeals of the LEA Decision or, in certain specifiedsituations, directly.

The CDE: Reviews, monitors and provides technicalassistance to all LEAs regarding the adoption ofcomplaint UCP policies.Refers each complaint to the LEA for resolutionwhen appropriate.Considers a variety of alternatives to resolveallegations in the appeal when:1. The LEA fails to act within 60 days.2. A complainant appeals an LEA Decision ifhe or she believes as a matter of fact or lawthe Decision is incorrect.Board of EducationMary Stanton, PresidentFelton Williams, Vice PresidentJon Meyer, MemberDavid Barton, MemberMichael Ellis, MemberUniformComplaintProcedures3. The Department determines that directintervention is necessary.Requires corrective action by the LEA if noncomplianceissues are identified during theinvestigation.Superintendent of SchoolsChristopher SteinhauserAuthorized by:California Code of RegulationsTitle 5, Sections 4600-4687Provides monitoring and technical assistance toLEAs to ensure resolution on non-compliantfindings.Gives either party the right to requestreconsideration of the CDE report to the SPIwithin 35 days of the receipt of the report.Publication authorized:Christine Dominguez,Deputy SuperintendentGives either party the right to appeal the CDEreport to the United States Secretary ofEducation for those programs governed by Part76 of Title 34 of the Code of FederalRegulations.For additional information on uniform complaintprocedures, contact the Office of the DeputySuperintendent. Long Beach Unified School District,1515 Hughes Way, Long Beach, CA 90810;telephone (562) 997-8025, or visit our web site at:http://www.lbschools.netLong Beach Unified School District1515 Hughes WayLong Beach, CA 90810(562) 997-8000http://www.lbschools.netComplaint forms are available inthe school office and at our website: http://www.lbschools.netLONG BEACH UNIFIED SCHOOL DISTRICT

Date Received:Uniform Complaint ProceduresThe Uniform Complaint Procedures (UCP) may be used for complaints alleging non-compliance of state and federal lawsand regulations governing educational programs or discrimination. Most parents’/guardians’ concerns can be resolvedinformally with the school principal. If this is not possible, this form may be used to file a formal complaint.I. Contact informationNameAddressCity State Zip CodeHome PhoneWork or Cell PhonePlease check Parent/Guardian Student District Employee OtherII. ComplaintDateSchool site of alleged violationSubject of the complaintPlease check all that applyDiscrimination on the basis of (circle all that apply): age, sex, sexual orientation, gender, ethnicgroup identification, race, ancestry, national origin, religion, color, or mental or physicaldisabilityViolation of law or regulation governing the following program(s): Adult Education Career/Technical Education Child Development Special Education Nutrition Services Consolidated Categorical Aid such as:o No Child Left Behindo Economic Aid Impacto Migrant Education Programo Peer Assistance and Reviewo School Improvement Programo Tenth Grade Counselingo Tobacco Use Prevention Educationo Other(Continued)Rev. 2/07

III. Additional informationPlease describe the specific nature of your complaint, in detail, including the dates (s), name(s) of peopleinvolved in the complaint, and the results of any previous meetings or discussions with site or Districtpersonnel.This complaint form must be submitted to the District Compliance Officer at the address listed below. Complaints allegingunlawful discrimination shall be initiated no later than six months form the date of the alleged discrimination or the date thecomplainant first obtained knowledge of the facts of the discrimination. Complaints will be investigated in a manner thatprotects the confidentiality of the parties to the extent necessary to conduct the investigation. The Board of Educationprohibits retaliation in any form for the filing of a complaint or participation in the complaint procedure.Return to:Office of the Deputy SuperintendentPamela Seki, District Compliance OfficerLong Beach Unified School District1515 Hughes WayLong Beach, CA 90813The District will investigate, mediate, if necessary, and report to the complainant within 60 calendar days. Thecomplainant has the right to appeal the final report to the California Department of Education , State Superintendentof Public Instruction, P.O. Box 944272, Sacramento, CA 92444-2720, within 15 calendar days of receiving thedecision.Rev. 2/07