Student Services » Uniform Complaint Procedures

Uniform Complaint Procedures


Uniform Complaint Procedures
Authorized by California Code of Regulations, Title 5, Sections 4600 – 4671 and BHUSD AR 1312.3

What is a complaint?
 
A complaint is a written and signed statement alleging a violation of a federal or state law or regulation, which may include an allegation of unlawful discrimination.
 
What are the responsibilities of the complainant?
 
The Complainant:
 
  • Attempts to resolve the complaint with the site or program administrator.
  • Receives complaint procedures from the Office of the Superintendent.
  • Files a written complaint and follows the steps in the local complaint procedures.
  • May appeal to the California Department of Education (CDE) for resolution if he or she is dissatisfied with the decision of the District.
  • May appeal to the State Superintendent of Public Instruction if he or she is dissatisfied with the determination of the CDE.
  • May appeal to the Office for Civil Rights (OCR) if he/she is dissatisfied with the decision of the District.
  • The complainant may appeal to the State Superintendent at any time during the review and investigation of the complaint by the District and the complainant may pursue any other administrative or judicial remedy at any time.
 
 
What are the responsibilities of the District?
 
The District:
 
  • Attempts to resolve the complaint with the site or program administrator.
  • Designates specific Compliance Officers to be responsible for complaint resolution.
  • Follows complaint procedures consistent with the California Code of Regulations, Title 5, section 4600-4671.
  • Annually notifies parents, employees, committees, students, and other interested parties of local complaint procedures, including the opportunity to appeal the District’s decision. Complainants may also seek any civil law remedies that may be available.
  • Protects complainants from retaliation.
 
 
What is the District’s procedure for filing a complaint?
 
Any individual, public agency, or organization alleging a violation of federal or state statutes may file a written complaint with the appropriate Board-designated Compliance Officer. Discrimination complaints must be filed no later than six months from the occurrence or when they are first acknowledged. The District and the CDE must protect the confidentiality of the parties and the facts related to the case.
 
 
The District:
 
  • Completes an investigation and a written report within 60 days of receipt of a complaint. The District must give the filing party an opportunity to present evidence relevant to the complaint. The District must also advise the complainant regarding rights of appeal to the CDE or OCR. .
  • Submits, on notification of an appeal, the following to the CDE or OCR:
      1. The original complaint.
      2. A copy of the District decision.
      3. A summary of the nature and extent of the investigation conducted by the local agency if not covered in the District decision.
      4. A report of any action taken to resolve the complaint.
      5. A copy of the District complaint procedures.
      6. Such other relevant information as the State Superintendent may require
  • Within fifteen days may appeal to the State Superintendent of Public Instruction if the District is dissatisfied with the decision of the CDE
 
What are the responsibilities of the California Department of Education?
 
 
The California Department of Education:
 
  • Keeps a file for every written complaint received.
  • Refers each complaint to the District for local resolution when appropriate.
  • Requests a report of a District action when appropriate.
  • Conducts a mediation or investigation when:
      1. The District fails to act within 60 days or an agreed-upon timeline.
      2. A complainant appeals the District decision.
      3. The Department determines that direct intervention is necessary.
  • Requires corrective action by the District concerning compliance issues identified through investigations of complaints.
  • Provides technical assistance to correct compliance issues

Program Compliance Officers Telephone
Child Nutrition, School Nutrition and Child Care Food Executive Director, Food Services, Heather Oyama (310) 551-5100, Ext. 2386 hoyamo@bhusd.org
Consolidated Categorical Aid: State Programs for Students of Limited English Proficiency (EIA/LEP); Title I and Title III and Gender Equity Assistant Superintendent of Education, Dustin Seemann (310) 551-5100, Ext. 2240 dseemann@bhusd.org
Student Complaints and Title IX Assistant Superintendent of Student Services, Laura Chism (310) 551-5100, Ext. 2226 lchism@bhusd.org
School Safety Plan Scott Lovelace, Director of School Safety (310) 551-5100, Ext. 2210 slovelace@bhusd.org 
Nondiscrimination Requirement and Civil Rights Assistant Superintendent of Education, Wade Roach (310) 551-5100, Ext. 2222 jroach@bhusd.org