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Uniform Complaints

The San Diego Unified School 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.

San Diego Unified shall investigate and seek to resolve complaints, using policies and procedures known as the Uniform Complaint Procedures ("UCP"), adopted by the Board of Education, of allegations of unlawful discrimination, harassment, intimidation or bullying regarding actual or perceived characteristics such as age, ancestry, color, mental or physical disability, ethnicity, ethnic group identification, gender, gender expression, gender identity, genetic information, immigration status, marital or parental status, medical condition, nationality, national origin, actual or perceived sex, sexual orientation, race, religion, or on the basis of a person's association with a person or group with one or more of these actual or perceived characteristics.

The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federals laws in: Adult Education, After School Education and Safety, Agricultural Career Technical Education, American Indian Education Centers and Early Childhood Education Program Assessments, Bilingual Education, California Peer Assistance and Review Programs for Teachers, Career Technical and Technical Education, Career Technical, Technical Training, Career Technical Education, Child Care and Development, Child Nutrition, Compensatory Education, Consolidated Categorical Aid, Course Periods without Educational Content, Economic Impact Aid, Education of Foster Care Pupils, Education of Homeless Pupils, Education of Former Juvenile Court Pupils now enrolled in a school district, Children in Military Families, Every Student Succeeds Act/No Child Left Behind, Reasonable Accommodations to a Lactating Pupil; Local Control and Accountability Plans (LCAP), Migrant Education, Physical Education Instructional Minutes, Pupil Fees, Regional Occupational Centers and Programs, School Safety Plans, Special Education, State Preschool, Tobacco-Use Prevention Education.

Pupil Fee Complaints

In addition, the UCP may be used to file a complaint alleging that a pupil enrolled in a public school was required to pay a pupil fee for participation in an educational activity as those terms are defined below.

"Educational activity" means an activity offered by a school, school district, charter school or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.

"Pupil fee" means a fee, deposit or other charge imposed on pupil, or a pupil's parents or guardians, in violation of Section 49011 and Section 5 of Article IX of the California Constitution, which require educational activitiesto be provided free of charge to all pupils without regard to their families' ability or willingness to pay fees or request special waivers, as provided for in Hartzell v.Connell (1984) 35 Cal.3d 899. 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 orcompulsory, 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, uniform or other materials or equipment; and

A purchase that a pupil is required to make to obtain materials, supplies, equipment or uniforms associated with an educational activity.

Statute of Limitations for Pupil Fee Complaints - A pupil fee complaint shall be filed not later than one year from the date the alleged violation occurred.

Uniform Complaints must be filed in writing to:

San Diego Unified School District
Lynn A. Ryan, Uniform Complaint Compliance Officer
4100 Normal Street, Room 2129
San Diego, CA 92103

619-725-7225
lryan@sandi.net

Statute of Limitations

Complaints alleging discrimination, harassment, intimidation or bullying must be filed within six 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 60 calendar days from the receipt of the complaint. This 60-day time period may be extended by written agreement of the complainant. The Local Education Authority (or LEA; in this case the San Diego Unified School District) is responsible for investigating the complaint and shall conduct and complete the investigation in accordance with the California Code of Regulations sections 4630-4631 and 4680-4687 and in accordance with local procedures adopted under section 4621.

Appeals Process

The complainant has a right to appeal the District's decision to the California Department of Education by filing a written appeal within 15 days of receiving the decision. The appeal must include a copy of the complaint filed and a copy of the decision.

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 the Education Code section 262.3. A complainant may pursue available civil law remedies outside of the 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 San Diego Unified School District's UCP policy and complaint procedures shall be available free of charge. 

Refer Administrative Regulation and Board Policy 1312.3 below for full policies and notifications.

UCP Policies, Forms, and Notification

Reference:

Williams Uniform Complaint Information