Uniform Complaint Procedures (UCP)
POLICIES AND PROCEDURES
- UCP Policies and Procedures presents information about how we process UCP complaints concerning particular programs or activities that are subject to the UCP.
- We are aware that all complaints and responses are public records.
- All Complainants are protected from retaliation.
UCP COMPLAINT UNIT | Designee
Executive Director of Human Resources & Risk Management
Human Resources Department
401 S. Inglewood Avenue, B4
Inglewood, CA 90301
An appeal is a request made in writing to a level higher than the original reviewing level by an aggrieved party requesting reconsideration or a reinvestigation of the lower adjudicating body's decision.
A complaint is a written and signed statement by a complainant alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, bullying or charging pupil fees for participation in an educational activity or non-compliance with the requirements of our LCAP.
Local Control Accountability Plan (LCAP)
The LCAP is an important component of the Local Control Funding Formula (LCFF), the revised school finance system that overhauled how California funds its K-12 schools. Under the LCFF we are required to prepare an LCAP, which describes how we intend to meet annual goals for our pupils, with specific activities to address state and local priorities identified pursuant to California Education Code (EC) Section 52060(d).
- A pupil fee includes, but is not limited to, all of the following:
- A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
- A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.
- A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.
UCP Annual Notice
- Our UCP Annual Notice shall also include information regarding the requirements of EC Section 49010 through 49013 relating to pupil fees and information regarding the requirements of EC Section 52075 relating to the LCAP.
- Our UCP Annual Notice shall be in English and in the primary language, pursuant to section 48985 of the Education Code, or mode of communication of the recipient of the notice.
- In order to identify appropriate subjects of state preschool health and safety issues, we also have a notice that is posted in each California state preschool program classroom in each school notifying parents, guardians, pupils, and teachers of (1) the health and safety requirements under Title 5 of the California Code of Regulations that apply to California state preschool programs pursuant to HSC section 1596.7925 and (2) where to get a form for a state preschool health and safety issues complaint.
Compliance, Investigation, & Resolution
- We shall have the primary responsibility to ensure compliance with applicable state and federal laws and regulations.
- We shall investigate and seek to resolve, in accordance with our UCP process, any complaints alleging failure to comply with applicable state and federal laws and regulations including, but not limited to, allegations of discrimination, harassment, intimidation, or bullying or noncompliance with laws relating to all programs and activities implemented by the Inglewood Unified School District that are subject to the UCP.
- The Inglewood Unified School District developed the Uniform Complaint Procedures (UCP) process with policies and procedures adopted by our board.
- According to state and federal codes and regulations, the programs and activities subject to the UCP include:
- Accommodations for Pregnant and Parenting Pupils (California Education Code [EC] section 46015)
- Adult Education (EC sections 8500–8538, 52334.7, 52500-52616.4)
- After School Education and Safety (EC sections 8482–8484.65)
- Agricultural Career Technical Education (EC sections 52460–52462)
- Career Technical and Technical Education, Career Technical, Technical Training (state) (EC sections 52300–52462)
- Career Technical Education (federal) (EC sections 51226–51226.1)
- Child Care and Development (EC sections 8200–8493)
- Compensatory Education (EC section 54400)
- Course Periods without Educational Content (EC sections 51228.1–51228.3)
- Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in a school district and Children of Military Families (EC sections 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)
- Every Student Succeeds Act (20 United States Code [20 U.S.C.] section 6301 et seq.; EC section 52059)
- Local Control and Accountability Plans (LCAP)(EC section 52075, Government Code [GC] section 17581.6(f))
- Migrant Education (EC sections 54440–54445)
- Physical Education Instructional Minutes (EC sections 51210, 51223)
- Pupil Fees (EC sections 49010–49011)
- Reasonable Accommodations to a Lactating Pupil (EC section 222)
- Regional Occupational Centers and Programs (EC sections 52300–52334.7)
- School Plans For Student Achievement (EC section 64001)
- School Safety Plans (EC sections 32280–32289)
- School Site Councils (EC section 65000)
- State Preschool (EC sections 8235–8239.1)
- State Preschool Health And Safety Issues In LEAs Exempt From Licensing (EC sections 8235.5(a), 33315, GC section 17581.6 (f)), California Health and Safety Code [HSC] section 1596.7925)
Referrals to Outside Agencies
- Allegations of child abuse shall be referred to County Department of Social Services (DSS), Protective Services Division or appropriate law enforcement agency.
- Health and safety complaints regarding a Child Development Program shall be referred to the Department of Social Services for licensed facilities, and to the appropriate Child Development regional administrator for licensing-exempt facilities.
- Employment discrimination, harassment, intimidation or bullying complaints shall be sent to the State Department of Fair Employment and Housing (DFEH).
- Allegations of fraud shall be referred to the Legal, Audits and Compliance Branch in the California Department of Education (CDE).
FILING UCP COMPLAINTS
When Filing Pupil Fees UCP Complaints
- A pupil fees complaint may be filed with the principal of a school or our county administrator or their designee.
- A pupil fees complaint and/or an LCAP complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance.
- A pupil fees complaint shall be filed no later than one year from the date the alleged violation occurred.
When Filing State Preschool Health and Safety Issues UCP Complaints
- File with the preschool program administrator or their designee.
- A state preschool health and safety issues complaint pursuant to HSC section 1596.7925 about problems beyond the authority of the preschool program administrator shall be forwarded in a timely manner, but not to exceed 10 working days to the appropriate local educational agency official for resolution.
- A state preschool health and safety issues complaint pursuant to HSC section 1596.7925 may be filed anonymously. A complainant who identifies themself is entitled to a response if he or she indicates that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If Section 48985 of the Education Code is otherwise applicable, the response, if requested, and report shall be written in English and the primary language in which the complaint was filed.
- A complaint form for a state preschool health and safety issue pursuant to HSC section 1596.7925 shall specify the location for filing a complaint. A complainant may add as much text to explain the complaint as they wish.
When Filing Unlawful Discrimination, Harassment, Intimidation, or Bullying UCP Complaints
- The Inglewood Unified School District will investigate all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group as identified in EC Section 200 and 220 and Government Code (GC) Section section 11135, including any actual or perceived characteristics as set forth in Penal Code (PC) Section 422.55 or on the basis or a person’s association with a person or group with one or more of these actual or perceived characteristics in any program or activity we conduct, which is funded directly by, or that receives or benefits from any state financial assistance.
- Unlawful discrimination, harassment, intimidation or bullying complaints shall be filed no later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.
- All complainants are protected from retaliation.
- We advise complainants of the right to pursue civil law remedies under state or federal discrimination, harassment, intimidation or bullying laws.
UCP COMPLAINT INVESTIGATION
- The Inglewood Unified School District will provide an opportunity for complainants and/or representatives to present evidence or information.
- Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations.
- Refusal by the Inglewood Unified School District to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.
- The complaint will be investigated and a written report with a Decision will be issued to the complainant by Inglewood Unified School District within 60 days from the date of the receipt of the complaint, unless the complainant agrees in writing to an extension of time.
- This report will contain the following elements:
- The findings of fact based on the evidence gathered.
- Conclusion of law.
- Disposition of the complaint.
- The rationale for such a disposition.
- Corrective actions, if any are warranted.
- Notice of the complainant’s right to appeal our Decision to the CDE.
- Procedures to be followed for initiating an appeal to CDE.
- For state preschool programs, the preschool program administrator or the designee of the county administrator shall:
- Make all reasonable efforts to investigate any problem within their authority.
- Investigations shall begin within 10 days of the receipt of the complaint.
- Remedy a valid complaint within a reasonable time period, but not to exceed 30 working days from the date the complaint was received and report to the complainant the resolution of the complaint within 45 working days of the initial filing.
- If the preschool program administrator makes this report, they shall also report the same information in the same timeframe to the designee of the county administrator.
- Make all reasonable efforts to investigate any problem within their authority.
UCP Complaint Resolution
- If Inglewood Unified School District finds merit in a complaint regarding Pupil Fees; Local Control and Accountability Plan (LCAP); and/or Physical Education Instructional Minutes (grades one through eight), the remedy shall go to all affected pupils and parents/guardians.
- We ensure an attempt shall be made in good faith to engage in reasonable efforts to identify and fully reimburse all pupils, parents and guardians who paid a pupil fee within one year prior to the filing of the complaint.
- If we find merit in a complaint regarding Reasonable Accommodations to a Lactating Pupil; Course Periods without Educational Content (grades nine through twelve); and/or Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in a school district, and pupils in military families, the public school or LEA shall provide a remedy to the affected pupil.
UCP Complaint Appeal Process
- A Complainant may appeal our Decision of a UCP complaint to the State Superintendent of Public Instruction (SSPI) or their designee at the CDE (here and after known as SSPI) regarding all specified federal and state educational programs subject to the UCP.
- To appeal our Decision of all UCP complaints (except State Preschool Health and Safety Issues), the complainant must file a written appeal within 15 days of receiving Inglewood Unified School District’s Decision to the SSPI.
- This appeal to the CDE must fully explain the basis for the appeal, stating how the facts of our Decision are incorrect and/or the law is misapplied.
- In addition, the appeal shall be sent to CDE with the following:
- A copy of the original locally filed complaint; and
- A copy of our Decision of this original locally filed complaint.
- The Complainant must file a written appeal to the State Superintendent of Public Instruction (SSPI) within 30 days of the date of the district’s Decision.
- The Complainant shall comply with the appeal requirements of 5 CCR section 4632.
- The SSPI or their designee shall comply with the requirements of 5 CCR section 4633 and shall provide a written Decision to the State Board of Education describing the basis for the complaint, Inglewood Unified School District’s response to the state preschool health and safety issues pursuant to HSC section 1596.7925 complaint and its remedy or proposed remedy and a proposed remedy for the issue described in the complaint, if different from our agency’s remedy.
- A Complainant not satisfied with the resolution of the preschool program administrator or the designee of the county administrator has the right to describe the complaint to our governing board (or authorized designee) at a regularly scheduled hearing of the governing board.
FEDERAL AND STATE LAWS
Federal and State Laws Cited
34 Code of Federal Regulations (CFR) sections 299.11
California Education Code (EC) sections 200, 220, 222, 234.1-234.5, 262.3, 8235.5, 8200–8493; 8500–8538, 32280–32289; 33315;, 35186, 46015, 47606–47606.5, 47607.3, 48645.5, 48645.7, 48853, 48853.5, 48985, 49010-49013, 49069.5, 51210, 51223, 51225.1, 51225.2, 51228.1–51228.3, 52060-52075, 52300–52462, 52500–52616.4, 54440–54445, 64001, 65000.
California Government Code (GC) sections 11135, 17581.6(f).
California Penal Code (PC) section 422.55.
California Welfare and Institutions Code (WIC) sections 300