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Uniform Complaint Procedure
(BP/AR 1312.3)The District is primarily responsible for complying with applicable state and federal laws and regulations governing educational programs. The District shall investigate complaints alleging failure to comply with such laws and/or alleging discrimination and shall seek to resolve those complaints in accordance with the District's uniform complaint procedures. (5 CCR 4620) The District shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination such as discriminatory harassment or intimidation against any person participating in District programs and activities, based on their 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, 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 their association with a person or group with one or more of these actual or perceived characteristics, in District programs and activities, including, but not limited to, those funded directly by or that receive or benefit from any state financial assistance. (5 CCR 4610)
Uniform complaint procedures shall also be used when addressing complaints alleging:
- District violation of applicable state and federal law or regulations governing adult education programs, after school education and safety programs, agriculture vocational education, American Indian education centers and early childhood education programs assessments, bilingual education, peer assistance and review programs for teachers, compensatory education, consolidated categorical aid programs, economic impact, English learner program, federal education programs in Title I-VII, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, regional occupational centers and programs, school safety plans, state preschool program, tobacco-use prevention education programs, special education programs and any other District-implemented program which is listed in Education Code 64000(a).
- Any complaint alleging District noncompliance with the requirement to provide reasonable accommodation to a lactating student on school campus to express breast milk, breastfeed an infant child, or to address other breastfeeding-related needs of the student. (EC 222)
- Any complaint alleging District noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities (5 CCR 4610)
- Any complaint alleging District noncompliance with legal requirements related to the implementation of the local control and accountability plan (EC 52075)
- Any complaint by or on behalf of any student who is a foster youth, alleging District noncompliance with any legal requirement applicable to the student regarding placement decisions, the responsibilities of the District's educational liaison to the student, the award of credit for coursework satisfactorily completed in another school or district, school transfer, or the grant of an exemption from Board-imposed graduation requirements. (EC 48853, 48853.5, 49069.5, 51225.1, 51225.2)
- Any complaint by or on behalf of a homeless student as defined in 42 USC 11434a, former juvenile court school student, or a child of a military family as defined in EC 49701 who transfers into the District after student's second year of high school, alleging District noncompliance with any requirement applicable to the student regarding the award of credit for coursework satisfactorily completed in another school or district or the grant of an exemption from Board-imposed graduation requirements (EC 51225.1, 51225.2)
- Any complaint alleging District noncompliance with the requirements of EC 51228.1 and 51228.2 that prohibit the assignment of a student in grades 9-12 to a course without educational content for more than one week in any semester or to a course the student has previously satisfactorily completed, without meeting specified conditions (EC 51228.3)
- Any complaint alleging District noncompliance with the physical education instructional minutes requirement for students in elementary school (EC 51210, 51223)
- 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
Complaints 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, and teacher vacancies and misassignments, shall be investigated pursuant to the District's Williams Complaint Procedure. (AR 1312.4)
The Board encourages the early, informal resolution of complaints at the site level whenever possible. A complaint must be filed not later than six months from the date it occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged unlawful discrimination. These uniform procedures require the complainant to submit a written complaint to Human Resources who will coordinate an investigation and response within sixty days of receipt of the written complaint unless the complainant agrees in writing to extend the timeline. A complainant may appeal the District's decision to the California Department of Education (CDE) by filing a written appeal within fifteen days after receiving the District's decision. The CDE may directly intervene in the complaint without waiting for action by the District when one of the conditions listed in 5 CCR 4650 exists; including cases in which the District has not taken action within sixty days of the date the complaint was filed with the District. If a District is found to have violated a State or Federal law and/or regulation, and the District does not take corrective action to comply, then various civil remedies may be available. Contact the appropriate compliance officer for additional information or assistance.
Uniform Complaints Compliance Officers
The Board designates the following compliance officers to receive and investigate complaints and ensure District compliance with law:
The District designates the individual(s) identified below as the employee(s) responsible for coordinating and investigating the District’s response to complaints and for complying with state and federal civil rights laws. The individual(s), position(s) or unit(s) also serve as the compliance officer(s) specified in AR 5145.3 - Nondiscrimination/Harassment as the responsible employee(s) to handle complaints regarding unlawful discrimination (such as unlawful discrimination harassment, intimidation, or bullying) and in AR 5145.7 – sexual harassment for handling complaints regarding sexual harassment. (cf. 5145.3 - Nondiscrimination/Harassment) (cf. 5145.7 - Sexual Harassment) (cf.5145.71 - Title IX Sexual Harassment Complaints Procedures)
Robert Nelson
Title IX Coordinator, Coordinator, Equity, Diversity, & Support Systems, Equity Compliance Officer, and District Coordinator for Nondiscrimination
13461 Ramona Avenue, Chino, CA 91710| 909.628.1202 ext. 1750
Assistant Superintendent of Human Resources
13461 Ramona Avenue, Chino, CA 91710| 909.628.1202 ext. 1110
For more information and forms, click here: https://www.chino.k12.ca.us/Page/17169