PUSD seeks to resolve complaints early and through informal resolution whenever possible and appropriate. The district has the 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 discrimination, harassment, intimidation, and/or bullying based on a protected class and unauthorized charging of pupil fees for educational activities. To resolve such complaints which cannot be addressed through an early, informal process, the district shall seek to resolve those complaints in accordance with the procedures set out in Sections 4600-4687 of the Title 5 California Code of Regulations for a Uniform Complaint Procedure and additional the policies and procedures for the District.
Uniform Complaint Procedures (UCP)
A complaint under the Uniform Complaint Procedures (UCP) is a written and signed statement alleging a violation of federal or state laws governing certain educational programs. Not all complaints fall under the scope of the UCP. The district may use its own specific policies and administrative regulations to investigate and resolve issues outside of the UCP.
Unlawful discrimination, harassment, intimidation, or bullying based on actual or perceived disability, gender, gender identity, gender expression, sexual orientation, nationality, race or ethnicity, religion, sexual orientation.
- Programs and services related to Adult Education, education and graduation requirements for pupils in foster care or those who are experiencing homelessness,
- Local Control and Accountability Plans (LCAP), School Plans for Student Achievement, School Site Councils
- Pupil fees
- 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.
Note that only allegations within the subject matters falling within the UCP can be appealed to the CDE.
Board Policy and Regulation 1312.3
Concerns about classroom assignments, grades, graduation requirements, hiring and evaluation of staff, homework policies and practices, provision of core curriculum, student advancement and retention, student discipline, student records, the Brown Act, and other general education requirements should first be addressed locally at the school.
The following complaints shall not be subject to PUSD’s UCP but shall be referred to the specific agency:
- Any complaint alleging child abuse or neglect [referred to the Count Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency]
- Any complaint alleging health and safety violations by a child development program [referred to Department of Social Services (licensed facilities) or Child Development regional administrator (licensing-exempt facilities).
The following complaints are not subject to the Uniform Complaint Procedures:
- Americans with Disabilities Act - Any complaint alleging barriers to accessing District programs, services, activities, and facilities under the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act of 1972.
- Section 504 - Any complaint alleging disagreement with decisions or actions taken or not taken in regards to a student's Section 504 evaluation or plan.
- Employment Discrimination or Harassment - Shall be resolved and investigated in accordance with AR 4030 - Nondiscrimination in Employment.
- Williams Complaint - District's Williams Uniform Complaint Procedures, AR 1312.4, shall be used to investigate and resolve 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 mis-assignments.
- Special Education Complaints - Any complaint alleging District violation of applicable state or federal law or regulations governing special education, including Due Process and FAPE concerns, should be filed with the California Department of Education.
Scope and Timeline for Investigations
Any complainant has the right to file a written complaint of unlawful discrimination, harassment, intimidation or bullying on the basis of a protected category within six months from the date the alleged incident occurred or the complainant first obtained knowledge/facts of the alleged incident. The District assures confidentiality to the maximum extent possible. The District prohibits retaliation against anyone who files a complaint or anyone who participates in the complaint investigation process.
PUSD shall complete its investigation within 60 calendar days from the date of receipt of the complaint unless the complainant agrees in writing to an extension of the timeline.