Admin

Uniform Complaints

Uniform Complaint Procedure Summary

The San Diego Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation, and bullying; and complaints alleging violation of state or federal laws governing educational programs.

San Diego Unified shall investigate and seek to resolve complaints, using policies and procedures known as the Uniform Complaint Procedures (UCP), adopted by the Board of Education, of allegations of unlawful discrimination, harassment, intimidation or bullying regarding actual or perceived characteristics such as age, ancestry, color, mental or physical disability, ethnicity, ethnic group identification, gender, gender expression, gender identity, genetic information, immigration status, marital or parental status, medical condition, nationality, national origin, actual or perceived sex, sexual orientation, race, religion, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics.

The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federals laws in: Adult Education, After School Education and Safety, Agricultural Career Technical Education, American Indian Education Centers and Early Childhood Education Program Assessments, Bilingual Education, California Peer Assistance and Review Programs for Teachers, Career Technical and Technical Education, Career Technical, Technical Training, Career Technical Education, Child Care and Development, Child Nutrition, Compensatory Education, Consolidated Categorical Aid, Course Periods without Educational Content, Economic Impact Aid, Education of Foster Care Pupils, Education of Homeless Pupils, Education of Former Juvenile Court Pupils now enrolled in a school district, Children in Military Families, Every Student Succeeds Act/No Child Left Behind, Reasonable Accommodations to a Lactating Pupil; Local Control and Accountability Plans (LCAP), Migrant Education, Physical Education Instructional Minutes, Pupil Fees, Regional Occupational Centers and Programs, School Safety Plans, Special Education, State Preschool, Tobacco-Use Prevention Education.

Pupil Fee Complaints

In addition, the UCP may be used to file a complaint alleging that a pupil enrolled in a public school was required to pay a pupil fee for participation in an educational activity as those terms are defined below.

  • "Educational activity" means an activity offered by a school, school district, charter school or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.
  • "Pupil fee" means a fee, deposit or other charge imposed on pupil, or a pupil's parents or guardians, in violation of Section 49011 and Section 5 of Article IX of the California Constitution, which require educational activitiesto be provided free of charge to all pupils without regard to their families' ability or willingness to pay fees or request special waivers, as provided for in Hartzell v.Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not limited to, all of the following:
  • A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective orcompulsory, or is for credit;
  • A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, uniform or other materials or equipment; and
  • A purchase that a pupil is required to make to obtain materials, supplies, equipment or uniforms associated with an educational activity.

Statute of Limitations for Pupil Fee Complaints - A pupil fee complaint shall be filed not later than one year from the date the alleged violation occurred.

Uniform Complaints must be filed in writing to:

San Diego Unified School District
Lynn A. Ryan, Uniform Complaint Compliance Officer
4100 Normal Street, Room 2129
San Diego, CA 92103

619-725-7225
lryan@sandi.net

Statute of Limitations

Complaints alleging discrimination, harassment, intimidation or bullying must be filed within six months from the date the alleged discrimination, harassment, intimidation or bullying occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying, unless the time for filing is extended by the Superintendent or his or her designee.

Complaints will be investigated and a written decision or report will be sent to the complainant within 60 days from the receipt of the complaint. This 60-day time period may be extended by written agreement of the complainant. The Local Education Authority (or LEA; in this case the San Diego Unified School District) person is responsible for investigating the complaint and shall conduct and complete the investigation in accordance with the California Code of Regulations sections 4630-4631 and 4680-4687 and in accordance with local procedures adopted under section 4621.

Appeals Process

The complainant has a right to appeal the District's decision to the California Department of Education by filing a written appeal within 15 days of receiving the decision. The appeal must include a copy of the complaint filed and a copy of the decision.

Civil law remedies may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable. In appropriate cases, an appeal may be filed pursuant to the Education Code section 262.3. A complainant may pursue available civil law remedies outside of the District's complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders.

Uniform Complaint Procedure - Board Policy and Administrative Regulation 1312.3

A copy of the San Diego Unified School District's UCP policy and complaint procedures shall be available free of charge.

BOARD POLICY 1312.3
Uniform Complaint Procedure
Procedamiento de Queja Uniforme-SPANISH

ADMINSTRATIVE REGULATION 1312.3
Uniform Complaint Procedure
Procedamiento de Queja Uniforme-SPANISH

FORMS
Uniform Complaint Form
Forma de Queja Uniforme-SPANISH

UNIFORM COMPLAINT ANNUAL NOTIFICATION 2019-2020
UCP Annual Notification
Notificacion Anual del UCP-SPANISH

Williams Uniform Complaint Procedure Summary

Complaints related to INSTRUCTIONAL MATERIALS:

  1. A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state-adopted or district-adopted textbooks or other required instructional material to use in class.
  2. A pupil does not have access to instructional materials to use at home or after school
  3. Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.

A complaint may be filed related to TEACHER VACANCY OR MISASSIGNMENT as follows:

  1. A semester begins and a teacher vacancy exists.
  2. A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent of English learner pupils in the class. This subparagraph does not relieve a school district from complying with state or federal law regarding teachers of English learners.
  3. A teacher is assigned to teach a class for which the teacher lacks subject matter competency.

A complaint related to the CONDITION OF FACILITES THAT POSE AN EMERGENCY OR URGENT THREAT TO THE HEALTH OR SAFETY OF PUBILS OR STAFF as defined in paragraph (1) of subdivision (c) of Section 17592.72 and any other emergency conditions the school district determines appropriate and the requirements established pursuant to subdivision (a) of Section 35292.5.

ADMINISTRATIVE REGULATION 1312.4
Williams Uniform Complaint Procedure- Administrative Regulation 1312.4
Queja Uniforme de Williams-SPANISH

FORM
Williams Uniform Complaint Form
Queja Uniforme de Williams Forma-SPANISH

WILLIAMS COMPLAINT ANNUAL NOTICE 2019-2020
Williams Uniform Complaint Annual Notice
Queja Uniforme Aviso Anual de Williams-SPANISH

TRAINING SLIDESHOWS
UCP
UCP-Spanish