Rim of the World Unified
School District
P.O. Box 430
Lake Arrowhead, CA 92352
(909) 336‑2031
Charge of Complaint Against
School, Office, or Employee
To: Date:
From:
Name (s)
P.O. Box City Zip Code
Home Telephone Number Work Telephone Number
Name
of school or office, or name of employee and job location, against whom charge
or complaint is directed:
Nature
of the charge or complaint:
(Use additional pages, if
necessary)
When
did the event(s) occur?
Date(s):
Has
the charge or complaint been discussed with the school principals, teacher, or
employee, or their supervisor?
To
whom have you spoken?
Name(s)
When? Date(s):
What
was the result of the discussion?
What
resolution to the complaint are you seeking?
I
(We) understand that the Board of Education may request from me (us) further
information about this matter, and if such information is available to me (us),
I (we) shall present it upon request.
I
(We) certify under penalty of perjury that the foregoing is true and correct.
Executed this day of , at . CA.
Signature(s):
Attachments: BP /AR 1312.1
BP /AR 1312.2
BP /AR 1312.3
Revised po 11/99
Community Relations BP
1312.1 (a)
COMPLAINTS
CONCERNING DISTRICT EMPLOYEES
The Governing Board accepts responsibility for
providing a means by which the public can hold employees accountable for their
actions. The Board desires that complaints be resolved expeditiously without
disrupting the educational process.
The Superintendent or designee shall develop
regulations which permit the public to submit complaints against district
employees in an appropriate way. These regulations shall protect the rights of
involved parties. The Board may serve as an appeals body if the complaint is
not resolved.
(cf. 1312.2 ‑ Complaints Concerning
Instructional Material)
(cf. 1312.3 ‑ Uniform Complaint Procedures)
(cf. 3515.2 ‑ Disruptions) _
The Board prohibits retaliation against
complainants. The Superintendent or designee at his/her discretion may keep a
complainant's identity confidential, except to the extent necessary to
investigate the complaint. The district will not investigate anonymous
complaints.
Education Code 44811 makes it a misdemeanor
for a parent/guardian or other person to materially disrupt classwork or
extracurricular activities or cause substantial disorder in a place where a
school employee is required to be in the course of his/her duties. This
misdemeanor is punishable b a fine, imprisonment or both.
Legal Reference.
(see next page)
Community Relations BP
1312.1(b)
COMPLAINTS CONCERNING DISTRICT EMPLOYEES
(continued)
Legal
Reference:
EDUCATION CODE
33308.1 Guidelines on procedure for filing child
abuse complaints
35146 Closed sessions
35160.5 Requirement for school district policies:
parental complaints re employees
44031 Personnel file contents and inspection
44811 Disruption of public school activities
44932‑44949 Resignation, dismissal and leaves
of absence (rights of employee; procedures to follow) GOVERNMENT CODE
54957 Closed session; complaints re employees
54957.6 Closed session;
salaries or fringe benefits.
PENAL CODE
273 Cruelty or unjustifiable
punishment of child
11164‑11174.3 Child
Abuse and Neglect Reporting Act
WELFARE AND INSTITUTIONS
CODE
300 Minors subject to
jurisdiction of juvenile court
STATUTES OTHER THAN CODE
Chapter 1102, Statutes of
1991, Section 6 ‑ Child Abuse Complaints
Management
Resources:
CDE LEGAL ADVISORIES
0910.93 Guidelines for parents to report suspected
child abuse by school district employees or other persons against a pupil at
school site (L0:4‑93)
Policy RIM OF THE WORLD UNIFIED
SCHOOL DISTRICT
adopted: June 17, 1996 Lake Arrowhead,
California
Community Relations AR
1312.1 (a)
COMPLAINTS CONCERNING
DISTRICT EMPLOYEES
Complaint Procedures
The Superintendent or designee shall determine
whether a complaint should be considered a complaint against the district
and/or the individual, and whether it should be resolved by the district's
process for complaints concerning personnel, other district procedures, or
both.
(cf.
1312.2 ‑ Complaints Concerning Instructional Material)
(cf.
1312.3 ‑ Uniform Complaint Procedures)
The Governing Board shall annually review district
policies and regulations related to complaints against school personnel.
(Education Code 35160.5)
In order to promote fair and constructive
communication, the following procedures shall govern the resolution of
complaints against district employees:
1. Every effort should be made to resolve a
complaint at the earliest possible stage. Whenever possible, complaints
concerning school personnel should be made directly by the complainant to the
person against whom the complaint is made. Parents /guardians are encouraged to
attempt to orally resolve concerns with the staff member personally.
2. If a complainant is unable or unwilling
to resolve the complaint directly with the person involved, he/she may submit
an oral or written complaint to the employee's immediate supervisor or the
principal.
3. When a written complaint is received, the
employee shall be notified in accordance with collective bargaining agreements.
4. All complaints related to district
personnel other than administrators shall be submitted in writing to the
principal or immediate supervisor. If the complainant is unable to prepare the
complaint in writing, administrative staff shall help him/her to do so. Complaints
related to a principal or central office administrator shall be initially filed
in writing with the Superintendent or designee. Complaints related to a Board
member or to the Superintendent shall be initially filed in writing with the
Board.
5. A
written complaint must include:
a. The name of
each employee involved,
Community Relations AR
1312.1 (b)
COMPLAINTS CONCERNING
DISTRICT EMPLOYEES (continued)
b. A brief but specific summary of the
complaint and the facts surrounding it, and
c. A specific description of any prior
attempt to discuss the complaint with the employee and the failure to resolve
the matter.
6. The person responsible for investigating
complaints will attempt to resolve the complaint to the satisfaction of the
person(s) involved within 30 days.
7. The complainant may appeal a decision by
the principal or immediate supervisor to the Superintendent or designee, who
will attempt to resolve the complaint to the satisfaction of the person(s)
involved within 30 days. Complainants should consider and accept the
Superintendent or designee's decision as final. However, the complainant, the
employee, or the Superintendent or designee may ask to address the Board
regarding the complaint.
8. Before any Board consideration of a
complaint, the Superintendent or designee shall submit to the Board a written
report concerning the complaint, including but not be limited to:
a The name of each employee
involved.
b. A brief but specific summary of the
complaint and the facts surrounding it, sufficient to inform the Board and the
employee(s) as to the precise nature of the complaint and to allow the
employee(s) to prepare a defense.
c. A copy of the signed
original complaint.
d.
A
summary of the action taken by the Superintendent or designee, together with
his/her specific finding that the problem has not been resolved and the
reasons.
9.
The
Board may uphold the Superintendent's decision without hearing the complaint.
10. All parties to a complaint may be asked to
attend a Board meeting in order to present all available evidence and allow
every opportunity for explaining and clarifying the issue.
Community Relations AR
1312.1 (c)
COMPLAINTS
CONCERNING DISTRICT EMPLOYEES (continued)
11. Before the Board holds a closed session to
hear complaints or charges brought against an employee, the employee shall
receive written notice of his/her right to have the complaints or charges heard
in open session rather than closed session. This notice shall be delivered
personally or by mail at least 24 hours before the time of the session, and the
employee may request that the complaints or charges be heard in open session.
Complaints concerning Board members shall be addressed in open session unless a
closed session is warranted pursuant to Education Code 35146 or 48918 or
Government Code 54957 or 54957.6. (Government Code 54957)
(cf. 9321 ‑ Closed Session Purposes
toad Agendas)
(cf. 9323 ‑ Meeting Conduct)
12. Any
decision of the Board shall be final.
Complaints
Regarding Child Abuse
When a complaint of child abuse is alleged, the
district shall provide parents /guardians procedures for filing a child abuse
complaint with the appropriate child protective agencies. Upon request, such
procedures shall be written in the primary language of the parent/guardian, and
the Superintendent or designee shall provide an interpreter if needed.
(Statutes Other than Code, Ch. 1102, Statutes of 1991)
Providing the above procedures to parents /guardians
does not relieve mandated reporters from their duty to report suspected child
abuse in accordance with law.
(cf. 5141.4 ‑ Child Abuse Reporting
Procedures)
(cf. 4112.6 ‑ Personnel Records)
(cf. 4144 ‑ Employee Complaints)
Regulation RIM OF THE WORLD UNIFIED SCHOOL DISTRICT
approved: June 17, 1996 Lake Arrowhead, California
Community Relations AR 1312.2 (a)
COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS
The following regulations have been established to
provide a system for receiving, considering and acting upon written complaints
regarding instructional materials used by the district.
Initially, complaints will be handled in an informal
manner by the staff member involved.
All complaints unresolved in an informal manner must
be presented in writing to the building. principal and will include the name of
the author, title, the publisher, and the objections by pages and items; or in
case of materials other than printed materials, written information specifying
the precise nature of the objections shall be given. The statement must be
signed and identified in such a way that a proper reply will be possible.
When a complaint is received by a principal, the
principal will acknowledge the receipt of the complaint and answer any
questions regarding procedure. The principal will then notify the Coordinator
of Curriculum and Instruction and the teachers involved. The Coordinator of
Curriculum and Instruction will determine whether the complaint should be
considered an individual request or if a building or district level review
committee should be activated to reevaluate the material.
An individual student may be excused from using
challenged materials after the parent/guardian has presented written complaint.
The teacher will then assign the student alternate materials of equal merit.
The building level review committee shall be
under the direction of the Coordinator of Curriculum and Instruction and
composed of the building principal and four or more members selected by the
Coordinator of Curriculum and Instruction from school or district personnel
directly concerned.
The district level review committee shall be
under the direction of the Superintendent and composed of the Coordinator of
Curriculum and Instruction and five or more members selected by the
Superintendent from the administrative and instructional areas directly
concerned, and community members appointed by the Governing Board of Trustees.
The use of challenged materials by class, school, or
district shall not be restricted until final disposition has been made by the
appropriate review committee, but individuals may be excused from using
challenged materials.
Community Relations AR 1312.2 (b)
COMPLAINTS CONCERNING
INSTRUCTIONAL MATERIALS
(continued)
In the deliberations of challenged materials, the
review committee shall consider the educational philosophy of the school
district, the professional opinions of other teachers of the same subject, and
of other competent authorities, reviews of the materials by reputable bodies,
the teacher's own stated objectives in using the materials, and the objections
of the complainant.
The findings of the building review committee and/or
district review committee shall be a matter of written record and transmitted
to the Superintendent and the Coordinator of Curriculum and Instruction who
will respond to the complainant. A copy of the report will be made available to
the Board.
Regulation RIM OF THE WORLD UNIFIED
SCHOOL DISTRICT
approved: October 25, 1994 Lake Arrowhead,
California
Community Relations BP 1312.2 (b)
Complaints Concerning
Instructional Materials
The Governing Board takes great care in the adoption
of instructional materials and is aware that all adopted materials may not be
acceptable to all students, their parents/guardians, or other district
residents.
(cf. 6161 – Equipment, Books & Materials)
The Superintendent
or designee shall establish regulations which will permit proper
consideration of any complaints against the use of any instructional materials,
including textbooks, supplementary textbooks, library books, and other
instructional materials and equipment.
The Board believes the Superintendent is well
qualified to consider complaints concerning instructional materials.
Complainants are advised to consider and accept the Superintendents’s decision
as final. However, in the complainant finds the decision of the Superintendent
unsatisfactory, he/she may request that the matter be placed on the agenda of a
regular Board meeting. The Superintendent or designee shall present to the
Board a complete statement of the circumstances concerning the complaint at
that meeting. The Board may confirm the Superintendent/designee’s decision,
direct further review by the administration, or take other action it deems
appropriate. The Board’s decision shall be final.
The Board will not allow political party
affiliation, racial prejudice, a desire to suppress ideas, or an intent to deny
students access to ideas with which the Board disagrees, to influence its
decision in any such case.
(cf. 1312.4 – Complaints Concerning Consolidated
Categorical Aid Programs)
Legal References: (See next page)
Community Relations BP 1312.2 (b)
Complaints Concerning
Instructional Materials (continued)
Legal Reference: `
EDUCATION CODE
18111 Exclusion of books by governing board
35010 ‑ Control of district: prescription and
enforcement of rules
60003 Power of governing board to select
instructional materials
60040‑60047 Content requirements for
instructional materials
60200‑60206 Elementary school material ‑
selection and adoption
60260 Legislative intent for ordering instructional
materials
60262 Involvement of teachers, parents and community
in instructional material selection 60400‑60404 Secondary school
textbooks ‑ selection and adoption
Policy RIM OF THE WORLD UNIFIED
SCHOOL DISTRICT
adopted: September 18, 1990 Lake Arrowhead,
California
Community Relations BP
1312.3(a)
UNIFORM
COMPLAINT PROCEDURES
The Governing Board recognizes that the district is
responsible for ensuring that it complies with state and federal laws and
regulations governing educational programs. The district shall follow uniform
complaint procedures when addressing complaints alleging unlawful
discrimination based on ethnic group identification, religion, age, gender,
color, or physical or mental disability in any program or activity that
receives or benefits from state financial assistance. The district shall also
follow uniform complaint procedures when addressing complaints alleging failure
to comply with state or federal law in adult basic education, consolidated
categorical aid programs, migrant education, vocational education, child care
and development programs, child nutrition programs and special education
programs.
(cf. 0410 ‑ Nondiscrimination in
District Programs and Activities)
(cf. 0420.1 ‑ School‑Based
Coordinated Programs)
(cf. 0420.2 ‑ School Improvement
Program)
(cf. 0430 ‑ Comprehensive Local Plan
for Special Education)
(cf. 3553 ‑ Free and Reduced ‑Price
Meals)
(cf. 5148 ‑ Child Care and Development)
(cf. 6171 ‑ Title I Programs)
(cf. 6174 ‑ Education for English
Language Learners)
(c, f : 6175 ‑ Migrant Education
Program)
(cf. 6178 ‑ Vocational Education)
The Board encourages the early, informal resolution
of complaints at the site level whenever possible.
Upon receipt of a written complaint from an
individual, public agency or organization, uniform complaint procedures shall
be initiated. The Superintendent or designee shall distribute full information
about these procedures.
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 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.
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.
Community Relations BP
1312.3(b)
UNIFORM COMPLAINT PROCEDURES (continued)
(cf. 4119.23/4219.23/4319.23 ‑ Unauthorized
Release of Confidential/Privileged Information)
(cf. 5125 ‑ Student Records)
(cf. 9011 ‑ Disclosure of
Confidential/Privileged Information)
The
Board prohibits retaliation in any form for the filing of a complaint, the
reporting of instances of discrimination or participation in complaint
procedures. Such participation shall not in any way affect the status, grades
or work assignments of the complainant.
(cf. . 1312.1 ‑ Complaints Concerning
District Employees)
(cf. 1312.2 ‑ Complaints Concerning
Instructional Materials)
(cf. 4031 ‑ Complaints Concerning
Discrimination in Employment)
(cf. 5141.4. ‑ Child Abuse Reporting Procedures)
Legal Reference: (see next page)
Community Relations BP
1312.3(c)
UNIFORM COMPLAINT PROCEDURES (continued)
Legal Reference:
EDUCATION CODE
200‑262.3 Prohibition
of discrimination
8200‑8498 Child care
and development programs
8500‑8538 Adult basic
education
18100‑18179 School
libraries
35146 Closed sessions
35160 Authority of governing
boards
44670.1‑44671.5 School
personnel staff development and resource centers
48985 Notices in language
other than English
49060‑49079 Student
records
49490‑49560 Child
nutrition programs
51513 Personal beliefs
52000‑52049.1 School
improvement programs
52160‑52178 Bilingual
education programs
52300‑52483 Vocational
education
52500‑52616.24 Adult
schools
52800‑52863 School‑based
coordinated programs
54000‑54041 Economic
impact aid programs
54100‑54145 Miller‑Unruh
Basic Reading Act
54400‑54425
Compensatory education programs
54440‑54445 Migrant
education
54460‑54529
Compensatory education programs
56000‑56885 Special
education programs
59000‑59300 Special
schools and centers
64000 Consolidated
application process
GOVERNMENT CODE
54957‑54957.8 Closed
sessions
CODE OF REGULATIONS. T1TLE 5
3080 Application of section
4600‑4671
4600‑4671 Uniform
Complaint Procedures
UNTTED STATES CODE. TITLE 20
1221‑1232g General
Education Provisions Act
1681‑1688
Discrimination based on sex or blindness, Title IX
CODE OF FEDERAL REGULATTONS.
TITLE 34
100.1‑100.13 Nondiscrimination
Policy RIM OF THE WORLD UNIFIED
SCHOOL DISTRICT
adopted: April 14, 1998 Lake Arrowhead.
California
Community Relations AR
1312.3(a)
UNIFORM
COMPLAINT PROCEDURES
Compliance
Officers
The Governing Board designates the following
compliance officers to receive and investigate complaints and ensure district
compliance with law:
Director, Special Education ‑
Special Education Programs
Coordinator, ROP/VEA ‑
Vocational Education
Director of Categorical
Programs ‑ Consolidated Categorical Aid Programs
Food Service Manager ‑
Child Nutrition Programs
Principal, Adult Education ‑
Adult Basic Education
27315 North Bay Road
Blue Jay, California
P.O. Box 430
Lake Arrowhead, California
92352
(909) 336‑2031
The Superintendent or designee shall ensure that
employees designated to investigate complaints are knowledgeable about the laws
and programs for which they are responsible. Such employees may have access to
legal counsel as determined by the Superintendent or designee.
(cf. 9124 ‑ Attorney)
Notifications
The Superintendent or designee shall meet the
notification requirements of the Code of Regulations, Title 5, Section 4622,
including the annual dissemination of district complaint procedures and
information about available appeals, civil law remedies and conditions under
which a complaint .may be taken directly to the California Department of
Education. The Superintendent or designee shall ensure that complainants
understand that they may pursue other remedies, including actions before civil
courts or other public agencies.
(cf. 5145.6 ‑ Parental Notations)
The above notification shall state that complainants
may seek help from agencies such as legal assistance agencies, local mediation
centers or the county office of education or private attornies.
Community Relations AR
1312.3(b)
UNIFORM
COMPLAINT PROCEDURES (continued)
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. Compliance officers shall maintain a record of each complaint and
subsequent related actions, including all information required for compliance
with the Code of Regulations, Title 5, Section 4632.
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 by the district.
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. The
complaint must be initiated no later than six months from the date when the
alleged discrimination occurred or when the complainant first obtained
knowledge of the facts of the alleged discrimination. (Title 5, Section 4630)
The complaint shall be presented to the
Superintendent who shall maintain a log of complaints received, providing each
with a code number and a date stamp. The complaint shall then be presented to
the appropriate compliance officer.
If a complainant is unable to put a complaint in
writing due to conditions such as illiteracy or other disabilities, district
staff shall help him/her to file the complaint. (Title 5, Section 4600)
Step 2: Mediation
Within three days of receiving the complaint, the
compliance officer may informally discuss with the complainant the possibility
of using mediation. If the complainant agrees 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.
Community Relations AR
1312.3(c)
UNIFORM
COMPLAINT PROCEDURES (continued)
If the 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. (Title 5, Section 4631)
Step 3: Investigation of Complaint
The compliance officer shall hold an investigative
meeting within five days of receiving the complaint or 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 or each other's witnesses. (Title 5, Section
4631)
Step 4:
Response
Within 60 days of receiving 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. (Title 5,
Section 4631)
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. If it is not feasible to write this report in the complainant's primary
language, the district shall arrange a meeting at which a community member will
interpret it for the complainant. (Education Code 48985)
This
report shall include:
1.
The
findings and disposition of the complaint, including corrective actions, if any
(Title 5, Section 4631)
2.
The
rationale for the above disposition (Title 5, Section 4361)
3.
Notice
of the complainant’s right to appeal the decision to the California Department
of Education, and procedures to be followed for initiating such appeal (Title
5, Section 4361)
Community Relations AR
1312.3(d)
UNIFORM COMPLAINT PROCEDURES
(continued)
4. A detailed statement of all specific
issues that were brought up during the investigation and the extent to which
these issues were resolved
If an employee is disciplined as a result of the
complaint, this report shall simply state that effective action was taken and
that the employee was informed of district expectations. The report shall not
give any further information as to the nature of the disciplinary action.
Appeals 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 days of receiving the district's decision. For good cause, the
Superintendent of Public Instruction may grant an extension for filing appeals.
(Title 5, Section 4652)
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
the district's decision. (Title 5, Section 4652)
Regulation RIM OF THE WORLD UNIFIED SCHOOL DISTRICT
approved: April 14, 1998 Lake Arrowhead,
California