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Meeting Date:
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6/8/2021 - 5:00 PM
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Category:
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Board Policies, Second Readings
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Type:
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Action
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Subject:
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6.8 Second Reading, BP/AR 1312.3 Uniform Complaint Procedures
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Strategic Plan:
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Enclosure
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BP 1312.3 Uniform Complaint Procedures Comparison Chart
AR 1312.3 Uniform Complaint Procedures Comparison Chart
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File Attachment:
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Summary:
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Policy updated to reflect the relationship between the state uniform complaint procedures (UCP) and NEW FEDERAL REGULATIONS (85 Fed. Reg. 30026) regarding Title IX complaints of sexual harassment. Policy also reflects NEW STATE REGULATIONS (Register 2020, No. 21) which limit the applicability of the UCP for complaints regarding special education and child nutrition programs, add procedures for addressing complaints regarding health and safety deficiencies in license-exempt California State Preschool Programs (CSPP), and delete the referral of complaints of fraud to the California Department of Education (CDE). The list of programs subject to the UCP revised and reorganized to more directly reflect CDE's 2020-21 Federal Program Monitoring (FPM) instrument.
Regulation updated to provide optional language stating that the compliance officer for purposes of the UCP will be the same person designated to serve as the Title IX Coordinator for addressing complaints of sexual harassment. Section on "Notifications" reflects CDE's 2020-21 FPM instrument which requires additional content for the annual notification to students, parents/guardians, employees, and others. Regulation also updated to reflect NEW STATE REGULATIONS (Register 2020, No. 21) which (1) clarify that for complaints related to the local control and accountability plan (LCAP) the date of the alleged violation is the date when the County Superintendent of Schools approves the LCAP, (2) designate the final written decision as the "investigation report" and specifies required components for that report, (3) change the timeline for filing an appeal to CDE from 15 calendar days to 30 calendar days, (4) expand the basis upon which an appeal may be filed, (5) require the district to submit specified documents to CDE within 10 days after the district has been notified that an appeal has been filed, (6) require the district to investigate and address any allegations that CDE determines were not addressed in the district's investigation, (7) require CDE to issue a written decision regarding an appeal within 60 days of CDE's receipt of the appeal unless extended by written agreement or documentation by CDE of exceptional circumstances, and (8) authorize either party to request reconsideration by the Superintendent of Public Instruction or designee within 30 days of the appeal decision. Section on "Health and Safety Complaints for License-Exempt Preschool Programs" reflects a requirement of new state regulations to include in the annual UCP notification a list of which district programs are licensed or exempt from licensing.
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Funding:
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Recommendation:
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It is recommended that the Governing Board of Trustees approve the second reading of BP/AR 1312.3 Uniform Complaint Procedures.
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Approvals:
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Recommended By:
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Signed By:
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Jeff Youskievicz - Assistant Superintendent, Educational Services
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Signed By:
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Jesse M. Najera - Superintendent
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Vote Results:
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| Original Motion | | Member Mark Staggs Moved, Member Lynn McKee seconded to approve the Original motion 'It is recommended that the Governing Board of Trustees approve the second reading of BP/AR No. 1312.3 Uniform Complaint Procedures.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0. | | The motion Carried 5 - 0 |
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