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Uniform Complaint Procedures

The Castro Valley Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations and shall investigate complaints alleging failure to comply with those laws and regulations, including but not limited to, allegations of unlawful discrimination, harassment, intimidation, or bullying against any protected group or noncompliance with laws relating to all programs and activities implemented by the District that are subject to the Uniform Complaint Procedures (UCP). The District shall seek to resolve those complaints of noncompliance pursuant to procedures in §§4600-4694 of Title 5 of the California Code of Regulations (CCR) and the District’s governing board policies and procedures under the UCP, including allegations of retaliation for participation in the UCP process and/or to appeal District decisions regarding such complaints. 
 
The district's uniform complaint procedures (UCP) shall be used to investigate and resolve complaints regarding the following programs and activities:
  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 8200-8488)
  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  (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 a 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, and students formerly in a juvenile court school (Education Code 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)
  12. Every Student Succeeds Act  (Education Code 52059.5; 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 and/or state categorical funding  (Education Code 64001)
  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 8207-8225)
  23. State preschool health and safety issues in license-exempt programs  (Education Code 8212)
  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.

The UCP form is available in the main office at all schools and on the District website:

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:
  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)
    (cf. 5141.4 - Child Abuse Prevention and Reporting)
  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 that a student, while in an education program or activity in which the district exercises substantial control over the context and respondent, was subjected to sexual harassment as defined in 34 CFR 106.30 shall be addressed through the federal Title IX complaint procedures adopted pursuant to 34 CFR 106.44-106.45, as specified in AR 5145.71 - Title IX Sexual Harassment Complaint Procedures.
  4. 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.
  5. 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 (FAPE), failure or refusal to implement a due process hearing order to which the district is subject, or a physical safety concern that interferes with the district's provision of FAPE 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)
  6. 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)
  7. 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)
  8. 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)
UNIFORM COMPLAINT PROCEDURES
  1. Filing a Complaint: Submit a written complaint by following the Uniform Complaint filing procedures.
  2. Filing Timeline: The complaint shall be initiated no later than 6 months from the date when the alleged discrimination occurred, or 6 months from the date when the complainant first obtained knowledge of the facts of the alleged discrimination.
  3. Mediation: Within three business days after the compliance officer receives the complaint, he/she may informally discuss with all the parties the possibility of using mediation. Mediation shall 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 an allegation of sexual assault or where there is a reasonable risk that a party to the mediation would feel compelled to participate.
  4. Investigation: Within 10 business days after the compliance officer receives the complaint, the compliance officer shall begin an investigation into the complaint.
  5. Report of Findings: Within 60 days of the report being filed, the compliance officer shall prepare and send to the complainant a written report of the district's investigation and decision.
  6. Corrective Actions: When a complaint is found to have merit, the compliance officer shall adopt any appropriate corrective action permitted by law.
  7. Appeals: Any complainant who is dissatisfied with the district's final written decision may file an appeal within five business days, file the complaint in writing with the Board.