NCOE Complaint Procedures Board and Superintendent Policies

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1312.3 (SP) Uniform Complaint Procedures
1312.3 (AR) Uniform Complaint Procedures
1312.3 (E) Uniform Complaint Procedures
1312.4 (SP) Williams Uniform Complaint Procedure
1312. 4 (AR) Williams Uniform Complaint Procedure

Title IX Training Completed by Designated NCOE Staff

NCOE Notice of Title IX Sexual Harassment Policy

CA Education Code 221.8

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:

(a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
(c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the following:

(1) Equipment and supplies.
(2) Scheduling of games and practices.
(3) Transportation and daily allowances.
(4) Access to tutoring.
(5) Coaching.
(6) Locker rooms.
(7) Practice and competitive facilities.
(8) Medical and training facilities and services.
(9) Publicity.

(f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
(g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
(h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.

To file a complaint with the Napa County Office of Education:

Uniform Complaint Procedures Form – Preschool

1312.3 (SP) Uniform Complaint Procedures
The Napa County Superintendent of Schools recognizes its role in developing policies to comply with applicable state and federal laws and regulations governing the Napa County Office of Education’s (NCOE) educational programs. The County Superintendent encourages the early, informal resolution of complaints whenever possible and appropriate. To resolve complaints which cannot be resolved through such informal process, the County Superintendent adopts the uniform system of complaint processes specified in 5 CCR 4600- 4670 and incorporates any County Superintendent-approved procedures implementing this policy.

The NCOE’s uniform complaint procedures (UCP) shall be used to investigate and resolve the following complaints:

1. 1. Any complaint alleging NCOE violation of applicable state or federal law or regulations governing adult education programs, after school education and safety programs, migrant education, career technical and technical education and training programs, child care and development programs, child nutrition programs, special education programs, consolidated categorical aid programs, or any other NCOE- implemented program which is listed in Education Code 64000(a) (5 CCR 4610)
   2. Any complaint alleging the occurrence of unlawful discrimination (such as discriminatory harassment, intimidation, or bullying) against any person participating in NCOE programs and activities, including, but not limited to, those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital, pregnancy, or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610). Notwithstanding the foregoing, claims that meet the Title IX definition of sexual harassment shall be addressed under the applicable Title IX policy (See 4119.13/4219.13/4319.13 for employees, and 5145.71 for students).
   3. Any complaint alleging NCOE noncompliance with the requirement to provide reasonable accommodation to a lactating student on school campus to express breast milk, breastfeed an infant child, or address other breastfeeding-related needs of the student (Education Code 222)
      (cf. 5146 – Married/Pregnant/Parenting Students)
   4. Any complaint alleging NCOE noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities, as defined in Education Code 49010 (5 CCR 4610)
   5. Any complaint, by or on behalf of any student who is a foster youth, alleging NCOE noncompliance with any legal requirement applicable to the student regarding placement decisions, the responsibilities of the NCOE’s educational liaison to the student, the award of credit for coursework satisfactorily completed in another public school, school transfer, or the grant of an exemption from any additional graduation requirements (Education Code 48853, 48853.5, 49069.5, 51225.1, 51225.2)
   6. Any complaint, by or on behalf of a homeless student as defined in 42 USC 11434a or a former juvenile court school student as defined in Education Code 51225.2, alleging NCOE noncompliance with any requirement applicable to the student regarding the award of credit for coursework satisfactorily completed in another public school or the grant of an exemption from any additional graduation requirements (Education Code 51225.1, 51225.2)
   7. Any complaint alleging NCOE noncompliance with the requirements of Education Code 51228.1 and 51228.2 that prohibit the assignment of a student to a course without educational content for more than one week in any semester or to a course the student has previously satisfactorily completed, without meeting specified conditions (Education Code 51228.3)
   8. Any complaint alleging NCOE noncompliance with the physical education instructional minutes requirements for students in elementary school (Education Code 51210, 51223)
   9. Any complaint alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy (5 CCR 4621)
   10. Any other complaint as specified in a County Board policy or a County Superintendent policy
       All complainants shall be protected from retaliation and the confidentiality of the parties involved shall be protected as required by law.

Records of all UCP complaints and the investigations of those complaints are to be maintained in accordance with applicable law and County Superintendent policies and procedures.

Non-UCP Complaints

The following complaints shall not be subject to the NCOE’s UCP but shall be referred to the specified agency: (5 CCR 4611)

1. 1. Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services, the County Protective Services Division, and the appropriate law enforcement agency.
   2. Any complaint alleging fraud shall be referred to the California Department of Education. Notwithstanding the foregoing, claims that meet the Title IX definition of sexual harassment shall be addressed under the applicable Title IX policy (See 4119.13/4219.13/4319.13).

In addition, the County Superintendent’s Williams Uniform Complaint Procedures shall be used to investigate and resolve any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, or teacher vacancies and misassignments. (Education Code 35186)

1312.4 (SP) Williams Uniform Complaint Procedure
The Napa County Board of Education recognizes its role to support the Napa County Superintendent of Schools to ensure that the educational programs of the Napa County Office of Education (NCOE) are implemented in accordance with law and to establish procedures for resolving complaints that may arise from the implementation of such programs.

Any complainant who is not satisfied with the resolution of the principal/program administrator or the County Superintendent or designee regarding a complaint shall have the right to describe the complaint to the County Board, at its regularly scheduled meeting, if the complaint is related to any of the following subjects and alleges that any of the stated conditions has occurred: (Education Code 35186; 5 CCR 4686)

1. Textbooks and instructional materials,

a. A student, including an English learner, does not have standards-aligned textbooks or instructional materials or state- or County Superintendent- adopted textbooks or other required instructional materials to use in class.

b. A student does not have access to textbooks or instructional materials to use at home or after school.

c. Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.

2. Teacher vacancy or misassignment

a. At the beginning of the year, a single designated certificated employee has not been assigned to teach a class for an entire year or, if the position is for a one- semester course, a single designated certificated employee has not been assigned at the beginning of the semester for an entire semester. (5 CCR 4600)

Beginning of the year or semester means the first day that classes necessary to serve all the students enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day students attend classes for that semester. (5 CCR 4600)

b. A certificated employee is placed in a teaching or services position for which he/she does not hold a legally recognized certificate or credential or a certificated employee is placed in a teaching or services position that he/she is not otherwise authorized by statute to hold, including, but not limited to:

i. When a teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner students in the class.

ii. When a teacher is assigned to teach a class for which the teacher lacks subject matter competency.

3. Facilities

A condition at any facility owned or occupied by the NCOE poses an emergency or urgent threat to the health or safety of NCOE students or staff.

Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of students or staff while at school, including but not limited to gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air- conditioning systems; electrical power failure; major sewer stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to students or staff; or structural damage creating a hazardous or uninhabitable condition. (Education Code 17592.72)

When a complaint alleges a facility condition described in item #3 above, a complainant who is not satisfied with the resolution proffered by the County Superintendent or designee may file an appeal to the Superintendent of Public Instruction (SPI) within 15 days of receiving the county office’s response. The complainant shall comply with the appeal requirements specified in 5 CCR 4632. (Education Code 35186; 5 CCR 4687)

Any request to describe a complaint to the County Board shall be submitted to the County Superintendent in writing, and in time to allow for the posting of the County Board meeting notice in accordance with law.