BP 1312.3 — Uniform Complaint Procedures

Section: 1000 - Community Relations
Status: Active

Adopted: 2016-05-10

Revised: 2025-12-11

Policy text

UNIFORM COMPLAINT PROCEDURES

The Governing Board recognizes that the district has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages early resolution of complaints whenever possible. To resolve complaints that may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670. .

Complaints Subject to UCP

The district’s uniform complaint procedures (UCP) shall be used to investigate and resolve complaints regarding the following programs and activities:

Accommodations for pregnant and parenting students
Adult education programs
After-School Education and Safety Programs
Agricultural career technical education
Career technical and technical education and career technical and technical training programs
Childcare and development programs
Compensatory education
Consolidated categorical aid programs
Course periods without educational content
Discrimination, harassment, intimidation, or bullying in district programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on one, or a combination of two or more, protected characteristics, which include, but may not be limited to, a person’s actual or perceived race or ethnicity; ancestry; color; ethnic group identification; nationality; national origin; immigration status; sex; sexual orientation; sex stereotypes; gender; gender identity; gender expression; religion; disability; medical condition; genetic information; pregnancy, false pregnancy, childbirth, termination of pregnancy, or related conditions or recovery; and parental, marital, and family status; any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55; or based on the person’s association with a person or group with one or more of these actual or perceived characteristics (Education Code 200, 210.1, 210.2, 212, 212.1, 220, 221.51, 230, 260; Government Code 11135, 12926; 5 CCR 4610; 20 USC 1681-1688, 42 USC 2000d-2000d7) However, the UCP shall not be used to investigate and resolve employment discrimination complaints. (5 CCR 4611)
Educational and graduation requirements for students in foster care, students experiencing homelessness, students from military families, students formerly in a juvenile court school, students who are migratory, and students participating in a newcomer program.
Every Student Succeeds Act
Instructional Materials and Curriculum: Diversity (Education Code 243) A complaint alleging such unlawful discrimination may, in addition to or in lieu of being filed with the district, be directly filed with the Superintendent of Public Instruction (SPI). (Education Code 243, 244)
Local control and accountability plan
Migrant education
Physical education instructional minutes
Student fees
Reasonable accommodations to a lactating student
Regional occupational centers and programs
School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding
School site councils as required for the consolidated application for specified federal and/or state categorical funding
State preschool programs
State preschool health and safety issues in license-exempt programs
School or athletic team names, mascots, or nicknames pursuant to Education Code 221.3
Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy
Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate

The Board recognizes that alternative dispute resolution (ADR) can, depending on the nature of the allegations, offer a process for resolving a complaint in a manner that is acceptable to all parties. An ADR process such as mediation may be offered to resolve complaints that involve more than one student and no adult. However, mediation shall not be offered or used to resolve any complaint involving sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate. The Superintendent or designee shall ensure that the use of ADR is consistent with state and federal laws and regulations.

The district shall protect all complainants from retaliation. In investigating complaints, the confidentiality of the parties involved shall be protected as required by law. For any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the Superintendent or designee shall keep the identity of the complainant, and/or the subject of the complaint if different from the complainant, confidential when appropriate and as long as the integrity of the complaint process is maintained.

When an allegation that is not subject to UCP is included in a UCP complaint, the district shall refer the non-UCP allegation to the appropriate staff or agency and shall investigate and, if appropriate, resolve the UCP-related allegation(s) through the district’s UCP.

The Superintendent or designee shall provide training to district staff to ensure awareness and knowledge of current law and requirements related to UCP, including the steps and timelines specified in this policy and the accompanying administrative regulation.

The Superintendent or designee shall maintain a record of each complaint and subsequent related actions, including steps taken during the investigation and all information required for compliance with 5 CCR 4631 and 4633.

Non-UCP Complaints

The following complaints shall not be subject to the district’s UCP but shall be investigated and resolved by the specified agency or through an alternative process:

BP 1312.3 — Uniform Complaint Procedures

Policy text

Prior Revised Dates

Legal