Uniform Complaint Procedures - Uniform Complaint Procedures

http://www.cde.ca.gov/re/cp/uc/

Uniform Complaint Procedures

The responsibilities of the complainant, the local educational agency, and the California Department of Education according to California Code of Regulations, Title 5, sections 4600-4687.

What is a complaint?

A complaint is a written statement alleging discrimination, harassment, or a violation of a federal or state law or regulation. A complaint must be filed by way of the Uniform Complaint Procedures (UCP) as written in theCalifornia Code of Regulations, Title 5, sections 4600-4687. Issues that may involve filing a complaint using the UCP are under various state and federal programs that use categorical funds such as Adult Education, Career Technical Education, Child Development, Consolidated Categorical Programs, Indian Education, Migrant Education, Nutrition Education, and Special Education.

Williams Settlement complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment may be filed anonymously. Schools shall have a complaint form available for these types of complaints. Schools will not reject a complaint if the form is not used as long as the complaint is submitted in writing.

Valenzuela Settlement (Assembly Bill 347) requires school districts that receive intensive instructions funds to post a notice in Grades 10 to 12 classrooms and provide an area on the complaint form for alleging a lack of opportunity to receive intensive instruction and services for pupils who have not passed one or both parts of the high school exit exam by the end of 12th grade.

Not all complaints fall under the scope of the UCP. Many concerns are the responsibilities of the local agencies, including, hiring and evaluation of staff, classroom assignments, student advancement and retention, selection/provision of textbooks and materials, student discipline, provision of core curricula subjects, facilities, graduation requirements, homework policies and practices, use of general education funds and dress codes and school uniforms.

The following documents describe the process in filing a complaint. Topics include referring complaint issues, local educational agency responsibilities, district policies and procedures, filing a local complaint, time lines, appealing local agency decisions, department resolution procedures, the on-site investigation process, and CDE's investigation procedures and investigation report.

Uniform Complaint Procedures

Uniform Complaint Procedures brochure (Dated 26-Jan-2009; PDF; 91KB; 2pp.)

Authorized by California Code of Regulations , Title 5, sections 4600-4687

Uniform Complaint Procedures brochure text (Dated 14-Nov-2008; DOC; 49.5KB; 4pp.)

Authorized by California Code of Regulations , Title 5, sections 4600-4687

Available Translations of the Uniform Complaint Procedures brochure text

This brochure describes the process in filing an official complaint under the Uniform Complaint Procedures process and provides the contacts responsible as authorized by California Code of Regulations, Title 5, sections 4600 through 4687.

Samples

Sample Notice to Parents and Guardians - Complaint Rights (Dated 10-Nov-2008; DOC; 30KB; 1p.)

Sample Notice to Parents and Guardians - Complaint Rights (Spanish) (Dated 28-Sep-2007; DOC; 32KB; 2pp.)

Other Available Translations of the Sample Notice to Parents and Guardians – Complaint Rights

The Sample Notice to Parents and Guardians – Complaint Rights is used by local educational agencies (LEAs) to inform parents of the notice that is posted in each classroom in each school notifying all parents/guardians, pupils and teachers of their rights to complain about possible insufficient instructional material, unclean and/or unsafe school facilities, and/or teacher vacancies and/or misassignments.

Sample Uniform Complaint Procedure Form (Dated 26-Aug-2009; DOC; 32KB; 1p.)

Sample Uniform Complaint Procedure Form (Spanish) (Dated 28-Sep-2007; DOC; 31KB; 2pp.)

Other Available Translations of the Sample Uniform Complaint Procedure Form

The Sample Uniform Complaint Procedure Form is used by local educational agencies (LEAs) to notify parents of the procedure for filing complaints concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. This form contains elements required by Education Code Section 35186 and 5CCR 4600-4687.

Sample Uniform Complaints Notice for Classrooms at Schools Grades 10 to 12 for School Districts Who Receive Intensive Instructions Funds (Dated 30-Jan-2009)

Available Translations of the Sample Uniform Complaints Notice for Classrooms at Schools with Grades 10 to 12 for School Districts Who Receive Intensive Instructional Funds

Part of the implementation of the Valenzuela Settlement (Assembly Bill 347) requires that school districts who receive intensive instructions funds post a notice in all classrooms for all parents/guardians, pupils and teachers of their rights to complain and provide a complaint form at all schools with Grades 10 to 12 regarding possible insufficient instructional material, unclean and/or unsafe school facilities, teacher vacancies and/or misassignments AND/OR lack of opportunities to receive intensive instruction and services for pupils who have not passed one or both parts of the high school exit examination by the end of the 12th grade.

Sample Uniform Complaint Procedure Form: High School Version (Dated 26-Aug-2009; DOC, 36KB; 1p.)

Available Translations of the Sample Uniform Complaint Procedure Form: High School Version

Education Code Section 35186 created a procedure for the filing of complaints concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. Education Code Section 37254 requires each school serving students in grades 10-12 to assure student eligibility for assistance in preparing for the California high school exit exam after grade 12.

Questions: Categorical Programs Complaints Management | 916-319-0929Download Free Readers

Grievance Form -

Grievance_Form.doc

Grievance Form

Grievant’s Name:

Date Cause of Grievance Occurred:

Date of Informal Discussion (Name of Administrator):

Statement of Grievance Including Specific Provision(s) of the Agreement which are Alleged to Have Been Misinterpreted or Misapplied:

Remedy Sought:

Date: Signature of Grievant:

Level 1

Date Received by Immediate Supervisor (and Name of Administrator):

Date of Grievance Conference, If Held:

Immediate Supervisor’s Response (See Attached)

Date: Signature and Title:

Level 2

Date Received by Superintendent or Designee (and Name of Administrator):

Date of Conference, If Held:

Superintendent’s Response (See Attached)

Date: Signature:

Level 3

Date of Submission to Mediation:

Date of Conference:

Mediator’s Recommendation:

Date: Mediator’s Signature:

Level 4

Date of Submission to Arbitration:

Arbitrator’s Decision:

Date: Arbitrator’s Signature:

http://www.eeoc.gov/types/harassment.html

Harassment

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

Employer Liability for Harassment

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages.

http://www.eeoc.gov/charge/overview_charge_filing.html

Filing a Charge of Employment Discrimination

Note: Federal employees or applicants for Federal employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

Who Can File a Charge of Discrimination?

• • Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.

  • In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

http://www.eeoc.gov/policy/adea.html

The Age Discrimination in Employment Act of 1967

It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.

SEC. 623. [Section 4]//

(a) It shall be unlawful for an employer-

(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age

Weingarten Rights

EMPLOYEE'S RIGHT TO UNION REPRESENTATION

The right of employees to have union representation at investigatory interviews was announced by the U.S. Supreme Court in a 1975 case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689). These rights have become known as the Weingarten rights.

Employees have Weingarten rights only during investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his/her Weingarten rights; it is the employees responsibility to know and request.

When the employee makes the request for a union representative to be present management has three options:

(I) it can stop questioning until the representative arrives.

(2) it can call off the interview or,

(3) it can tell the employee that it will call off the interview unless the employee voluntarily gives up his/her rights to a union representative (an option the emplovee should always refuse.)

Employers will often assert that the only role of a union representative in an investigatory interview is to observe the discussion. The Supreme Court, however, clearly acknowledges a representative's right to assist and counsel workers during the interview.

The Supreme Court has also ruled that during an investigatory interview management must inform the union representative of the subject of the interrogation. The representative must also be allowed to speak privately with the employee before the interview. During the questioning, the representative can interrupt to clarify a question or to object to confusing or intimidating tactics.

While the interview is in progress the representative can not tell the employee what to say but he may advise them on how to answer a question. At the end of the interview the union representative can add information to support the employee's case.

On June 15, 2004, The National Labor Relations Board ruled by a 3-2 vote that employees who work in a nonunionized workplace are not entitled under Section 7 of the National Labor Relations Act to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline.

This decision effectively reversed the July 2000 decision of the Clinton Board that extended Weingarten Rights to nonunion employees.

COMMITTEES FOR PROBLEM RESOLUTION

20.1The major purpose of the Committees - The District shall offer to discuss with teachers on matters related to:

A. Educational Objectives.

B. Determination of the Content of Courses and Curriculum or Selection of Textbooks.

C. Administration of School Discipline.

D. School Safety Concerns.

E. Teacher Professional Rights and Concerns.

F. Committees are NOT intended for Information Dissemination.

20.2 Composition and Process of Committees:

Site Committee for Problem Resolution (SCPR)

A. One committee per school site composed of one teacher per fifteen site teachers or portion thereof with not less than two teachers per site plus one school site DTA building representative and Principal or Designee.

B. Agenda items brought forth by any committee member to discuss/resolve from total staff, small group, or individual concerns as noted in 20.1 above.

C. The committee will be available to consider suggestions and innovative ideas to improve site operations.

D. Record of action taken.

E. Meetings may be held a minimum of once a month, if needed, after school (without pay lasting no more than one hour after normal teacher contract time).

F. Selection of Teachers for the committee to be held before June 1 of each year with each site in charge of school’s election

District wide Committee for Problem Resolution (DCPR)

A. Committee comprised of the Superintendent or designee, One Assistant Superintendent, One Elementary Principal, One Secondary Principal, the DTA President, a Primary Teacher, an Intermediate Grade Elementary Level Teacher, an Intermediate School Teacher, and an High School Teacher.

B. Agenda items brought forth by any committee member to discuss/resolve will be concerns not resolved in SCPR and will include what attempts have been made to resolve the concern in SCPR.

C. Committee will consider suggestions and innovative ideas to improve site operations.

D. A record of any action taken will be made.

E. Meetings are to be held a minimum of once a month, if needed, after school (without pay and to last no more than one hour after the regular school day).

F. Teacher representatives shall be selected by a District wide election to be completed before June 1st of each year.

Grievance:

A. Failure to resolve a resolution to any contractual issue that has gone through DCPR may result in a grievance being filed.

GRIEVANCE PROCEDURE

5.1 Grievance is any complaint, misunderstanding or dispute by a teacher, or a group of teachers, as to the interpretation or application of this agreement.

5.2 Days for the purpose of this Article shall be defined as school days, except that during the time that school is in recess for vacation, days shall mean those days that the District office is open for the conduct of normal business.

5.3 Informal Level - Teachers should attempt to resolve any grievance on an oral informal basis prior to the utilization of the grievance procedure.

5.4 Level 1 - An aggrieved teacher will present his/her grievance in writing to the teacher's principal (or designated replacement, who shall have the authority to make a determination) within 10 workdays after the teacher can be reasonably assumed to have knowledge of the occurrence giving rise to the grievance (the teacher may have a representative with him/her if so desired). The principal shall reply in writing to a grievance within ten workdays.

5.5 Level 2 - If the grievant is not satisfied with the reply in Level 1, within ten (10) workdays thereafter, the teacher shall file a written grievance with the District Superintendent or his/her designee who shall have the authority to make a determination. The Superintendent or his/her designee shall, upon request, meet with the grievant and his/her representative if so desired by the grievant within ten (10) workdays of the request. Said meeting to take place during regular District office business hours. The Superintendent or his/her designee shall reply in writing to the grievant within ten workdays thereafter.

5.6 Level 3 - If the grievant is not satisfied with the decision at Level 2, within ten (10) workdays thereafter, the Association may file a written request that the matter be submitted to Mediation. A mediator from the State Mediation and Conciliation Service will be contacted and a meeting to attempt resolution will be held as soon as practicable. Participants in the Mediation process shall include the Superintendent or his/her designee, the grievant, and representatives of the Association.

5.7 Level 4 - If the grievant is not satisfied with the decision at Level 3, the employee may, within ten (10) workdays, submit a request in writing to the Superintendent for arbitration of the dispute. The grievant/association and the District shall attempt to agree upon an arbitrator and if no agreement can be reached, the parties shall request the California State Conciliation Service to supply a panel of five names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.

The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses, including fees for witnesses, or the actual costs of substitutes for witnesses, shall be borne by the party incurring them.

The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration.

If the parties cannot agree upon a summary of the issues, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each level. In disputed cases regarding whether or not a grievance claim is within the scope of these proceedings, the arbitrator shall rule on the arbitrability of the issue.

The arbitrator shall have no power to add to, subtract from or modify the terms of agreement. The finding of the arbitrator shall pertain only to the grievance filed and must be determined within the provisions of this agreement. After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit, within thirty (30) calendar days, to all parties, a final and binding decision.

5.8 Each of the formal requirements and time limitations stated herein for the processing and determination of grievances shall be strictly adhered to provided, however, that any time limits may be extended by the express written agreement of both parties. If the grievant fails to appeal the grievance within the time limit specified in any step of the grievance procedure, the grievance shall be deemed waived and terminated. If the District fails to comply with any of the time limits specified the grievance shall move automatically to the next higher step, if a higher step exists. ||