Uniform Complaint Procedure

Memorandum # MEM-560

October 10, 2003

By: Jaime Morales

What Is It? This is a procedure established by the

School District in 1992 to provide for the filing, investigation, and resolutions of complaints of persons who allege that the District has practiced unlawful discrimination, or has failed to comply with state or federal laws governing its educational programs.

The complaint procedure was developed in accordance with state law (Title 5, California Code of Regulations).

When Can It Be Used? This procedure may be used to file

complaints with the District and/or to appeal District decisions which concern unlawful discrimination under the following federal laws:– Section 504 of the Rehabilitation Act of 1973

or Title II of the Americans with Disabilities Act of 1990 for charges of discrimination based on physical or mental disability.

When Can It Be Used?

– Title IX of the Education Amendments of 1972 for charges of discrimination based on sex, including charges of sexual harassment.

– Title VI of the Education Amendments of 1964 for charges of discrimination based on race, color, or national origin.

When Can It Be Used?

This procedure may be used for complaints of noncompliance involving the following educational programs and complaints alleging violations of the following nondiscrimination protections:– Adult basic education.– Consolidated categorical aid programs.– Migrant education.

When Can It Be Used?

– Career and Technical Education.– Child care and development programs.– Child nutrition programs.– Special education program.– Allegations of unlawful discrimination on the

basis of sex, sexual orientation, gender, ethnic group identification, race, national origin, religion, color, or mental or physical disability by a local agency that receives monies directly from the state.

Where Are The Complaints Filed?

The complaints may be referred to the identified District office for internal resolution.

It must be recommended to the complainants that, within reason, they should try to resolve the issues at the school or at the local district office.

Steps The complainant must submit a written complaint

to the district representative : Barbara H. Lockert, Director/Compliance Officer

Los Angeles Unified School District

Specially Funded Programs, Compliance and Technical Support

701 W. Cesar Chavez Avenue, Suite 102

Los Angeles, CA. 90012

Phone (213)229-2000

The complainant may ask for help to fill out the complaint form. The form must be signed.

The complaint won’t be processed if more than six months have passed since the incident.

Investigative Process Within sixty days the school district must:

– Acknowledge receipt of the complaint in writing.– Review the complaint to see if it meets the criteria.– Provide a copy of the district policy and appeal

procedures advising of those instances when a complaint may be filed directly with the State Department of Education or the appropriate civil agency.

– Determine whether the complainant and the district representative will participate in mediation to resolve the complaint prior to a formal investigation.

– Conduct the investigation and prepare a written report on findings and recommended solutions.

Complaint Resolution

During the investigative process:– The complainant will have an opportunity to

present information related to the complaint.– Statements will be taken from witnesses or

persons that can provide relevant information related to the alleged violation.

– Relevant documents will be revised.

Complaint Resolution

During the investigative process:– A written report will be prepared with the

results of the investigation, corrective actions, suggested solutions and an explanation of the results.

– Copies of the report will be provided to the complainant in his language of choice, as well as to the administrator of the school involved in the incident.

– The complainant will be notified of his/her right to appeal the decision if is not satisfactory.

Appeals

The complainant must file an appeal within 15 days of receiving the resolution from the district. The appeal must be in writing and must be sent to:– For allegations of discrimination

• Educational Equity Compliance Office (LAUSD)– Include reasons for the appeal and a copy of the district’s

resolution.

– For allegations related to categorical programs• California State Department of Education

Appeals Hierarchy

LAUSD

California State Department of Education

State Superintendent of Public Education

United States Department of Education