UNIFORM COMPLAINT PROCEDURE FOR

SPECIFIC STATE AND FEDERALLY FUNDED PROGRAMS

The Los Alamitos Unified School District shall comply with all state and federal laws and regulations.  The District shall follow  uniform complaint procedures when addressing complaints alleging unlawful discrimination based on ethnic group identification, religion, age, gender, sexual orientation, sex, race, ancestry, national origin, color, or physical or mental disability in any program or activity that receives or benefits from state financial assistance.  Uniform complaint procedures  (as set forth in California Code of Regulations, Title 5, Sections 4600-4671) shall also be used when addressing complaints alleging failure to comply with state and/or federal law in: adult education, consolidated categorical aid programs, migrant education, vocational education, child care and development programs, child nutrition programs and special education programs.  The Board encourages the early, informal resolution of complaints at the site level whenever possible.  The Board recognizes that a neutral mediator can often suggest an early compromise that is agreeable to all parties in a dispute.  In accordance with uniform complaint procedures, whenever all parties to a complaint agree to try resolving their problem through mediation, the Superintendent or designee shall initiate mediation.  The Superintendent or designee shall ensure that mediation results are consistent with state and federal laws and regulations.  The Board prohibits retaliation in any form for the participation in a complaint procedures, including but not limited to the filing of a complaint or the reporting of instances of discrimination,  Such participation shall not in any way affect the status, grades, or work assignments of the complainant.  The Board acknowledges and respects student and employee rights to privacy.  Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts.  This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the Superintendent or designee on a case-by-case basis.  A complaint shall be filed with the Assistant Superintendent of Instructional Services who will then refer it to the staff member responsible for the program(s) in question.  This staff member shall be knowledgeable about the laws and/or program in question.

NOTIFICATION PROCESS:  Any individual, public agency, or organization alleging a violation of federal or state statute may file a written complaint regarding special programs with the Los Alamitos Unified School District.  Discrimination complaints must be filed with the District or the California Department of Education if direct intervention is requested by a person harmed or by a person on behalf of another.  Their complaints must be filed not later than six months from the occurrence of when they are first acknowledged.  Complaints must be resolved within sixty (60) days of receipt of a complaint.  The attached form provides the filing party an opportunity to present evidence relevant to the complaint.

APPEAL PROCESS:  If dissatisfied with the District’s decision the complainant may appeal in writing to the California Department of Education within fifteen (15) days of receiving the district’s decision.  The following will be submitted to the California Department of Education on notification of an appeal:

1.              The original complaint

2.              A copy of the District’s decision

3.              A summary of the nature and extent of the investigation conducted by the District if not covered in the District’s decision

4.              A report of the action taken  to resolve the complaint

5.              A copy of the District’s complaint procedures

6.              Such other relevant information as the State Superintendent of Public Instruction may require

Complainant(s) may inquire with the Uniform Complaint Procedures Compliance Officer regarding any civil law remedies that may be available.

CIVIL LAW REMEDIES:  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.  For discrimination complaints, however, a complainant must wait until 60 days have elapsed from the filing of an appeal with the California Department of Education before pursuing civil law remedies.  The moratorium does not apply to injunctive relief and is applicable only if the District has appropriately, and in a timely manner, apprised the complainant of his/her right to file a complaint in accordance with 5 CCR 4622.  When 15 percent or more of the students in a school speak a primary language other than English, all notices to parents or guardians regarding complaint procedures shall be in the student’s primary language other than English.