KJUHSD Uniform Complaints Procedure

The Board of Education of the Kingsburg Joint Union High School District recognizes that the district has primary responsibility for ensuring that it complies with state and federal laws and regulations governing educational programs.  The district shall investigate and seek to resolve complaints at the local level.  The district shall follow a uniform complaints procedure when addressing complaints alleging unlawful discrimination on the basis of ethnic group identification, religion, age, sex, color or physical or mental disability or failure to comply with state and federal laws.  Programs that the Uniform Complaint Procedure addresses at Kingsburg Joint Union High School are the adult basic education, consolidated categorical programs ,Title I, Title II, Title III Title IV, Title IX, Migrant Education, Vocational Education, Safe and Drug Free programs, Tobacco Use and Prevention Education programs, Child Nutrition programs and Special Education programs.

The Board prohibits retaliation in any form for the filing of a complaint, the reporting of instances of discrimination, or for participation in complaint procedures.  Such participation shall not in any way affect the status, grades, or work assignments of the complainant.

The Board acknowledges and respects students and employee rights to privacy.  All complaints, particularly discrimination complaints shall be investigated in such 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.

The Superintendent or designee shall ensue that employees designated to investigate complaints are knowledgeable about laws and programs for which they are responsible.  Such employees may have access to legal counsel as determined by the Superintendent or designee.

The Board recognizes that a neutral mediator can often suggest an early compromise that is agreeable to all parties in a dispute.  Whenever all parties to a complaint agree to try to resolve their problem through mediation, the Superintendent or designee shall initiate a mediation process before beginning a formal compliance investigation.  The Superintendent or designee shall ensure that mediation results are consistent with state and federal laws and regulations.

Compliance Officer

The Board of Education designates the Principal as the compliance officer.  The Principal shall receive and investigate complaints and ensure district compliance with law.  The district address at which the Principal can be contacted is 1900 18th Avenue, Kingsburg, CA  93631; telephone number (559) 897-5156.

Notifications

The Principal shall meet the notification requirements (Title 5, section 4622), including the annual dissemination of district complaint procedure, the identity of the person responsible for processing complaints, local civil law remedies, the appeal and review procedures and timelines for filing a discrimination complaint.  This notification will be in the annual registration packet given to each student, parent or guardian during registration in the District or at the beginning of each year. This shall also be disseminated to all staff through the intra campus mail at the beginning of each year.

Procedures

The following procedures shall be used to address all complaints, which allege that the district has violated federal or state laws or regulations governing educational programs.  The compliance officer shall maintain a record of each complaint and subsequent related actions, including all information required for compliance with the Code of Regulations, Title 5, and Section 4632.

The district will use it uniform complaint procedures when addressing all complaints regarding sex equity (Title 5, Section 4900, et seq.)

Investigations of discrimination complaints shall be conducted in a manner that protects confidentiality of the parties and the facts. (Title 5, Section  4630)

All parties involved in allegations shall be notified when a complaint is filed, when a complaint meeting or hearing is scheduled, and when a decision or ruling is made.

Step 1: Filing of Complaint

Any individual, public agency or organization may file a written complaint of alleged noncompliance.

The complaint shall be presented to the appropriate compliance officer for investigation.  The appropriate compliance officer will maintain a log of complaints received, providing each with a code number and a date stamp.

If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other handicaps, district staff shall help him/her to file the complaint. (Title 5, Section 4600)

Complaints alleging unlawful discrimination may be filed by a person who alleges that he/she personally suffered unlawful discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination.

Discrimination complaints must be initiated by filing a complaint no later than six months from the date when the alleged incident occurred or when the complainant first obtained knowledge of the facts of the alleged discrimination. (Title 5, Section 4630)

Step 2: Mediation

Within three days of receiving the complaint, the compliance officer shall informally discuss with the complainant the possibility of using mediation.  If all parties agree to mediation, the compliance officer shall make all arrangements for this process.  Before initiating the mediation of a discrimination complaint, the compliance officer shall ensure that all parties agree to make the mediator a party to related confidential information.

If a mediation process does not resolve the problem within the parameters of law, the compliance officer shall proceed with his/her investigation of the complaint.

The use of mediation shall not extend the district’s timelines for investigating and resolving the complaint unless the complainant agrees in writing to such an extension of time.

Step 3: Investigation of Complaint

The compliance officer shall hold an investigative meeting within five working days of receiving the complaint, or as soon as practical, or within five working days of an unsuccessful attempt to mediate the complaint.  This meeting shall provide an opportunity for the complainant and/or his/her representative to repeat the complaint orally.  The complainant and /or his/her representative and the district’s representatives shall also have an opportunity to present information relevant to the complaint.  Parties to the dispute may discuss the complaint and question each other and each other’s witnesses.  (Title 5, Section 4631)

To ensure that all pertinent facts are made available, the compliance officer and the complainant may ask other individuals to attend this meeting and provide additional information.

Step 4: Response

Within 45 calendar days of receiving the complaint or as soon as practicable, but no later than 60 days after the district’s receipt of the complaint, the compliance officer shall prepare and send to the complainant a written report of the district’s investigation and decision, as described in Step 5 below.  If the complainant is dissatisfied with the compliance officer’s decision. he/she may, within five calendar days, file his/her complaint in writing with the Board of Education.  The Board may consider the matter at its next regular Board meeting or at a special board meeting convened in order to meet the 60-day time limit within which the complaint must be answered.  The Board may decide not to hear the complaint, in which case the compliance officer’s decision is final.  If the Board hears the complaint, the compliance officer shall send the Board’s decision to the complainant within 60 days of the district’s initial receipt of the compliant or within the time period that has been specified in a written agreement with the complainant.

Step 5:  Final Written Decision

The report of the district’s decision shall be written in English and in the language of the complainant whenever feasible or required by law.

This report shall include:

  1. The findings and disposition of the complainant, including corrective action, if any.
  2. The rationale for the above disposition.
  3. Notification that if the complainant is dissatisfied with the Local Education Agency resolution of the complaint, the Complainant may appeal the decision to the California Department of Education within 15 days of receiving the final written report.
  4. A detailed statement of all-specific issues that were addressed during the investigation and the extent to which these issues were resolved.

Appeal to the California Department of Education

If dissatisfied with the district’s decision, the complainant may appeal in writing to the California Department of Education within 15 calendar days of receiving the district’s decision.  For good cause, the Superintendent of Public Instruction may grant an extension for filing appeals.

When appealing to the California Department of Education, the complainant must specify the reason(s) for appealing the district’s decision and must include a copy of the locally filed complaint and a copy of the district’s decision. (Title 5, Section 4652)

If dissatisfied with the California Department of Education resolution of the complaint regarding the Title I program, the complainant may request its review by the U.S. Secretary of Education (34 Code of Federal

Regulations 200.74)

Civil Law Remedies

Civil law remedies may be pursued through local, state or federal aid agencies, offices, or private/public interest attorneys. Local agencies through which a complainant may pursue civil law remedies are:

Central California Legal Services
2014 Tulare St.  Suite 600
Fresno, CA  53721

These avenues may result in civil court remedies or agreements rather than the administrative remedies resulting from the district or the California Department of Education process.

 

Program Contact Telephone Number
Consolidated Categorical Aid, including the following:

California Professional Development

Economic Impact Aid-State Compensatory Education (EIA/SCE)

Economic Impact Aid-State Program for Students of Limited English Proficiency (EIA/LEP)

Improving America’s Schools Act, Titles I, II, IV and VI

Tenth Grade Counseling

Randy Morris (559) 897-5156 // rmorris@kingsburghigh.com
Migrant Education Randy Morris (559) 897-5156 // rmorris@kingsburghigh.com
Special Education Cindy Schreiner (559) 897-5156 // cschreiner@kingsburghigh.com
Vocational Education Randy Morris/td> (559) 897-5156 // rmorris@kingsburghigh.com
Nondiscrimination Requirements and Civil Rights Protections, Office of Equal Opportunity Doug Davis (559) 897-5156 // ddavis@kingsburghigh.com

Authorized by: Title V, Section s 4600-4671
Kingsburg Joint Union High School District

Kingsburg Joint Union High School

Oasis Continuation High School

Alternative Education Center

Uniform Complaint Procedures

What are the responsibilities of the complainant?

The complainant:

 Receives complainant procedures from the Local Agency (LA)

 Files a written complaint and follows the steps in the local complaint procedure.

 May appeal within 15 days to the California Department of Education (CDE) for resolution if he or she is dissatisfied with the decision of the LA.

 May appeal within 35 days to the State Superintendent of Public Instruction if he or she is dissatisfied with the determination of the CDE.

What are the responsibilities of the local agency?

The local agency:

 Ensures compliance with applicable federal and state laws and  regulations.

 Designates a staff member to be responsible for complaint resolution.

 Adopts complaint policies and procedures consistent with the

     California Code of Regulations, Title 5, Sections 4600-4671.

 Notifies, at least annually, parents, employees, committees, students, and other interested parties of local complaint procedures, including the opportunity to appeal the agency’s decision.  The notice must also advise recipients of any civil law legal remedies that may be available.  The notice must be in (a) English ; (b) in the primary language of the students when 15 percent or more of the students in the school speak that language; or (c) in the mode of communication of the recipient of the notice.

 Protects the complainants from retaliation.

Implements the following procedures:    

1.Any individual, public agency, or organization alleging a violation of federal or state statutes may file a written complaint regarding specific programs within the L.A.

2.Discrimination complaints MUST be filed with the LA or the CDE by a person harmed or by a person on behalf of others.  These complaints must be filed no later than six months from the occurrence or when first acknowledged.  The LA and the CDE must protect the confidentiality of the parties and the facts related to the case.

 Resolves the complaint through mediation or investigation and completes a written report within 60 days of the receipt of a complaint. The LA must also advise the complainant regarding rights of appeal to CED within 15 days of receipt of the LA written report.

  Submits , on notification of an appeal, the following to CDE:

  1. The original complaint
  2. A copy of the LA decision
  3. A summary of the nature and extent of the mediation or investigation conducted by the local agency if not covered in the LA decision
  4. A report of any action taken to resolve the complaint.
  5. A copy of the LEA complaint procedures
  6. Such other relevant information as the State Superintendent may require.

May appeal with 35 days to the State Superintendent of Public Instruction if the LA or complainant is dissatisfied with the decision of the CDE.

Civil Remedies may be pursued through local, state or federal aid agencies, offices or private/public interest attorneys.  Local agencies through which a complainant may be pursue Civil Law Remedies are:

Central California Legal Services
2014 Tulare St. Suite 600
(559) 441-1611