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Meeting Date:
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2/8/2022 - 5:30 PM
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Category:
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BOARD POLICIES, FIRST READING
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Type:
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Action
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Subject:
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12.1 First Reading, Board Policy/Administrative Regulation/Exhibit No. 1312.3 Uniform Complaint Procedures
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Strategic Plan:
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Enclosure
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BP 1312.3 Comparison Chart
AR 1312.3 Comparison Chart
EX 1312.3 Comparison Chart
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File Attachment:
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Summary:
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Policy updated to reflect NEW LAW (AB 131, 2021) which renumbers the license-exempt California State Preschool Program code sections, ensure consistency with the California Department of Education's 2021-22 federal program monitoring instrument, clarify that districts may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student, add Item #3 to the section regarding "Non-UCP Complaints" that any complaint alleging that a student, while in an education program or activity as specified, was subjected to sexual harassment as defined in 34 CFR 106.30 be addressed through federal Title IX complaint procedures, and clarify in Item #5 that complaints alleging a physical safety concern that interferes with a free appropriate public education is a non-UCP complaint.
Regulation updated to delete outdated and/or repealed U.S. Department of Education's Office for Civil Rights (OCR) references and where appropriate add current OCR material, ensure consistency with the California Department of Education's 2021-22 federal program monitoring instrument, clarify posting requirements for the annual notification, compliance officer contact information and information related to Title IX, add material regarding the requirement for an administrator who is not designated as a compliance officer who receives a complaint to notify the compliance officer, clarify that districts may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student, add descriptions to the OPTION headings for districts that do or do not allow complainants to appeal to the governing board, delete material regarding respondent being sent the investigation report at the same time it is provided to complainant as this simultaneous exchange is not required by law, amend language in regard to pursuing civil law remedies in the notice to complainants included in investigation reports for allegations of unlawful discrimination, harassment, intimidation, and bullying based on state law, clarify when either party may request reconsideration of an appeal by the Superintendent of Public Instruction, and reflect NEW LAW (AB 131, 2021) which renumbers the license-exempt California State Preschool Program code sections.
Exhibits 1 and 2 updated to reflect NEW LAW (AB 131, 2021) which renumbers the license-exempt California State Preschool Program code sections.
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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 first reading of Board Policy/Administrative Regulation/Exhibit No. 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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Marc Lacey - Assistant Superintendent, Administrative 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 Lynn McKee Moved, Member Mark Staggs seconded to approve the Original motion 'It is recommended that the Governing Board of Trustees approve the first reading of Board Policy/Administrative Regulation/Exhibit 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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