UNIFORM COMPLAINT PROCEDURES

For students, employees, parents/guardians, school and district advisory committee members, appropriate private school officials, and other interested parties

 

The William S. Hart Union High School District (Hart District) has the primary responsibility to ensure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation, and bullying, and complaints alleging violation of state or federal laws governing educational programs and the charging of unlawful pupil fees.

The Hart District shall investigate all allegations of unlawful discrimination, harassment,
intimidation or bullying against any protected group as identified in Education Code section 200
and 220 and Government Code section 11135, including any actual or perceived characteristics
as set forth in Penal Code section 422.55 or on the basis of a person’s association with a
person or group with one or more of these actual or perceived characteristics in any program or
activity conducted by the LEA, which is funded directly by, or that receives or benefits from any
state financial assistance.

Hart District shall ensure that complainants are protected from retaliation by supervisors, coworkers and peers.
The UCP shall also be used when addressing complaints alleging failure to comply with state
and/or federal laws in:
    Accommodations for Pregnant and Parenting Pupils
    Adult Education
    After School Education and Safety
    Agricultural Career Technical Education
    Career Technical and Technical Education and Training Programs
    Child Care and Development Programs
    Compensatory Education
    Consolidated Categorical Aid Programs
    Course Periods without Education Content
    Education of Pupils in the status of: Foster Care, Homeless, former Juvenile Court Pupil, or Children of Military Families
    Every Student Succeeds Act
    Local Control and Accountability Plans (LCAP)
    Migrant Education
    Physical Education Instructional Minutes
    Pupil Fees
    Reasonable Accommodations to a Lactating Pupil
    Regional Occupation Centers and Programs
    Safety Planning Requirements
    School Plans for Student Achievement
    School Safety Plans
    School-site Councils
    Special Education Programs

A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local
UCP. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation
in an educational activity.

 

A pupil fee includes, but is not limited to, all of the following:
    1. 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.
     2. 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.
     3. A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.

A pupil fee complaint shall not be filed later than one year from the date the alleged violation occurred.

Complaints other than complaints relating to pupil fees must be filed in writing with the following compliance officer:

Dr. Marianne Doyle, Director of Human Resources and Equity Services
Office: Hart District Human Resources Department
Address: 21380 Centre Pointe Parkway, Santa Clarita. 91350
Telephone Number: 661 259-0033

Complaints of noncompliance with laws relating to pupil fees are filed with a principal of a school. A complaint regarding pupil fees may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance with laws relating to pupil fees.

Complaints alleging discrimination, harassment, intimidation, or bullying, must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying, occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee.

Complaints will be investigated and a written Decision or report will be sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) day time period may be extended by written agreement of the complainant. The LEA person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted under section 4621.

The Decision or report shall contain the following elements:
    1. Findings of fact based on the evidence gathered.
    2. Conclusion of law.
    3. Disposition of the complaint.
    4. The rationale for such a disposition
    5. Corrective actions, if any are warranted.
    6. Notice of the complainant’s right to appeal the Hart District’s decision to the California Department of Education.

As part of the investigative process, complainants and/or their representative shall be afforded the opportunity to present evidence and information.

Refusal of a complainant to provide the investigator with documents or other evidence related to allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or who engages in any other obstruction of the investigation, may result in the dismissal of the complaint because of lack of evidence to support the allegations.

Refusal of the Hart 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 who engages 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 complainant has a right to appeal the Hart District’s Decision to the California Department
of Education (CDE) by filing a written appeal within 15 days of receiving the Hart District’s
Decision. The appeal must include a copy of the complaint filed with the Hart District and a copy
of the LEA’s Decision. The appeal statement must fully explain the basis for the appeal, stating
how the facts of the Hart District report are incorrect and/or the law has been misapplied. A
copy of the locally filed complaint document(s) and a copy of the Hart District decision shall be
included with the appeal statement.

Civil law remedies may be available under state or federal discrimination, harassment,
intimidation, or bullying laws, if applicable. In appropriate cases, an appeal may be filed
pursuant to Education Code Section 262.3. A complainant may pursue available civil law
remedies outside of the Hart District’s complaint procedures. Complainants may seek
assistance from mediation centers or public/private interest attorneys. Civil law remedies that
may be imposed by a court include, but are not limited to, injunctions and restraining orders.
A copy of the Hart District’s UCP policy and complaint procedures shall be available free of
charge.