Uniform Complaint Procedure (BP/AR 1312.3)

  1. Every effort should be made to resolve complaints regarding District employees at the earliest possible stage. Any person who complains about a District employee shall be encouraged to resolve the matter informally through direct communication with the employee whenever possible.

  2. Alternative Dispute Resolution (“ADR”) 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.

  3. The Uniform Complaint Procedure shall be utilized to address the following kinds of complaints exclusively:

    1. Accommodations for pregnant and parenting students (Education Code 46015)

    2. Adult education programs (Education Code 8500-8538, 52334.7, 52500-52617)

    3. After School Education and Safety programs (Education Code 8482-8484.65)

    4. Agricultural career technical education (Education Code 52460-52462)

    5. Career technical and technical education and career technical and technical training programs (Education Code 52300-52462)

    6. Child care and development programs (Education Code 8200-8498)

    7. Compensatory education (Education Code 54400)

    8. Consolidated categorical aid programs (Education Code 33315; 34 CFR 299.10-299.12)

    9. Course periods without educational content, when students in grades 9-12 are assigned to such courses more than one week in any semester or in a course the student has previously satisfactorily completed, unless specified conditions are met (Education Code 51228.1-51228.3)

    10. 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 the person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or 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 (5 CCR 4610)

    11. Educational and graduation requirements for students in foster care, homeless students, students from military families, students formerly in a juvenile court school, migrant students, and immigrant students participating in a newcomer program (Education Code 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)

    12. Every Student Succeeds Act (Education Code 52059; 20 USC 6301 et seq.)

    13. Local control and accountability plan (Education Code 52075)

    14. Migrant education (Education Code 54440-54445)

    15. Physical education instructional minutes (Education Code 51210, 51222, 51223)

    16. Student fees (Education Code 49010-49013)

    17. Reasonable accommodations to a lactating student (Education Code 222)

    18. Regional occupational centers and programs (Education Code 52300-52334.7)

    19. School plans for student achievement as required for the consolidated application for specified federal

    20. School safety plans (Education Code 32280-32289)

    21. School site councils as required for the consolidated application for specified federal and/or state categorical funding (Education Code 65000)

    22. State preschool programs (Education Code 8235-8239.1)

    23. State preschool health and safety issues in license-exempt programs (Education Code 8235.5)

    24. 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

    25. Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate

  4. 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:

    1. Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services Protective Services Division or the appropriate law enforcement agency. (5 CCR 4611)

    2. Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to Department of Social Services. (5 CCR 4611)

    3. Any complaint alleging employment discrimination or harassment shall be investigated and resolved by the district in accordance with the procedures specified in AR 4030 - Nondiscrimination in Employment, including the right to file the complaint with the California Department of Fair Employment and Housing.

    4. Any complaint alleging a violation of a state or federal law or regulation related to special education, a settlement agreement related to the provision of a free appropriate public education, or a due process hearing order shall be submitted to the California Department of Education (CDE) in accordance with AR 6159.1 - Procedural Safeguards and Complaints for Special Education. (5 CCR 3200-3205)

    5. Any complaint alleging noncompliance of the district's food service program with laws regarding meal counting and claiming, reimbursable meals, eligibility of children or adults, or use of cafeteria funds and allowable expenses shall be filed with or referred to CDE in accordance with BP 3555 - Nutrition Program Compliance. (5 CCR 15580-15584)

    6. Any allegation of discrimination based on race, color, national origin, sex, age, or disability in the district's food service program shall be filed with or referred to the U.S. Department of Agriculture in accordance with BP 3555 - Nutrition Program Compliance. (5 CCR 15582)

    7. Any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments shall be investigated and resolved in accordance with AR 1312.4 - Williams Uniform Complaint Procedures. (Education Code 35186)

  5. All complaints shall be filed in writing and signed by the complainant. If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, District staff shall assist in the filing of the complaint. It is recommended that the complainant utilize the District’s Uniform Complaint Procedure Form (form available in the Files & Links menu).

  6. The complaint shall be presented to the following designated compliance officers based on the nature of the complaint:

    1. Complaints involving Migrant Education:

      Ms. Lauren Odell
      Associate Superintendent, Curriculum and Instruction & Professional Development
      1017 Reno Avenue, Building B
      Modesto, CA 95351
      (209) 492-4465
      Odell.L@mcs4kids.com

    2. All other complaints listed above, but not involving Migrant Education:

      Mr. Brad Goudeau
      Associate Superintendent, Educational Services
      426 Locust Street
      Modesto, CA 95351
      (209) 492-1454
      Goudeau.B@mcs4kids.com

    3. The compliance officer who receives a complaint may assign another compliance officer to investigate and resolve the complaint.

  7. Uniform Complaints shall be submitted to the appropriate Compliance Officer in accordance with the following rules:

    1. A complaint alleging district violation of applicable state or federal law or regulations governing the programs specified in the accompanying Board Policy may be filed by any individual, public agency, or organization. (5 CCR 4630)

    2. Any complaint alleging noncompliance with law regarding the prohibition against student fees, deposits, and charges or any requirement related to the LCAP may be filed anonymously if the complaint provides evidence, or information leading to evidence, to support an allegation of noncompliance. A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school or with the Superintendent or designee.

    3. A UCP complaint shall be filed no later than one year from the date the alleged violation occurred. For complaints related to the LCAP, the date of the alleged violation is the date when the County Superintendent of Schools approves the LCAP that was adopted by the Board. (5 CCR 4630)

    4. A complaint alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may be filed only by a person who alleges that he/she personally suffered unlawful discrimination, harassment, intimidation, or bullying; or by a person who believes that an individual or any specific class of individuals has been subjected to it. The complaint shall be initiated no later than six (6) months from the date when the alleged discrimination occurred, or six (6) months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination/harassment, intimidation, or bullying. The time for filing may be extended for up to ninety (90) days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. (5 CCR 4630)

    5. A complaint about a violation of the prohibition against the charging of unlawful student fees may be filed with the principal of the school or with the Superintendent or designee. However, any such complaint shall be filed no later than one (1) year from the date the alleged violation occurred.

    6. Any complaint regarding health or safety issues in a license-exempt California State Preschool Program (CSPP) shall be addressed through the procedures described in 5 CCR 4690-4694.

  8. The Uniform Complaint shall be investigated and a written response provided within sixty (60) calendar days of the District’s receipt of the complaint.

    1. A complainant's refusal to provide the district's investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegation.

    2. Similarly, a respondent's refusal to provide the district's investigator with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in a finding, based on evidence collected, that a violation has occurred and in the imposition of a remedy in favor of the complainant. (5 CCR 4631)

  9. Appeals to the California Department of Education (CDE)

    1. Any complainant who is dissatisfied with the district's investigation report on a complaint regarding any specified federal or state educational program subject to UCP may file an appeal in writing with CDE within thirty (30) calendar days of receiving the district's investigation report. (5 CCR 4632)

    2. The appeal shall be sent to CDE with a copy of the original locally filed complaint and a copy of the district's investigation report for that complaint. The complainant shall specify and explain the basis for the appeal, including as least one of the following: (5 CCR 4632)

      1. The district failed to follow its complaint procedures.

      2. Relative to the allegations of the complaint, the district's investigation report lacks material findings of fact necessary to reach a conclusion of law.

      3. The material findings of fact in the district's investigation report are not supported by substantial evidence.

      4. The legal conclusion in the district's investigation report is inconsistent with the law.

      5. In a case in which the district found noncompliance, the corrective actions fail to provide a proper remedy.

  10. Appeals to the U.S. Department of Education, Office for Civil Rights

    1. Complaints alleging discrimination based on race, color, national origin, sex, gender, disability, or age may also be filed with the U.S. Department of Education, Office for Civil Rights, at www.ed.gov/ocr within one-hundred and eighty (180) days of the alleged discrimination.