UNIFORM COMPLAIN PROCEDURES (UCP)
The Earlimart School Districthas the primary responsibility for compliance with federal and state laws and regulations. We have established Uniform Complaint Procedures (UCP) to address allegations of unlawful discrimination, harassment, intimidation, and bullying, and complaints alleging violation of state or federal laws governing educational programs, the charging of unlawful pupil fees and the non-compliance of our Local Control and Accountability Plan (LCAP).
We will 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 or 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 agency, which is funded directly by, or that receives or benefits from any state financial assistance.
The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in:
After School Education and Safety
American Indian Education Centers and Early Childhood Education Program Assessments
California Peer Assistance and Review Programs for Teachers
Child Care and Development
Consolidated Categorical Aid
Course Periods without Educational Content
Economic Impact Aid
Education of Pupils in Foster Care and Pupils who are Homeless, and former Juvenile Court Pupils now enrolled in a school district
English Learner Programs
Every Student Succeeds Act / No Child Left Behind
Local Control Accountability Plans (including Charter Schools as described in EC §§ 47606.5 and 47607.3);
Physical Education Instructional Minutes
Reasonable Accommodations to a Lactating Pupil
Regional Occupational Centers and Programs
School Safety Plans
Tobacco-Use Prevention Education
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 or compulsory, 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, clothes, or other materials or equipment.
A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.
A pupil fees or LCAP complaint may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint.
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 complaint shall be filed no later than one year from the date the alleged violation occurred.
We shall post a standardized notice of the educational rights of foster and homeless youth, as specified in Education Code Sections 48853, 48853.5, 48853.5, 49069.5, 51225.1, and 51225.2. This notice shall include complaint process information, as applicable.
Complaints other than issues relating to pupil fees must be filed in writing with the following designated to receive complaints:
Name or title: Michelle Ramirez, Director of State & Federal Programs
Unit or office: Student Services
Address: 785 E. Center Avenue, Earlimart CA 93219
Phone: 661-849-4235E-mail address: email@example.com
A pupil fees complaint is filed with the Earlimart School District and/or the principal of a school.
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 time period may be extended by written agreement of the complainant. The person responsible for investigating the complaint shall conduct and complete the investigation in accordance with local procedures adopted under section 4621.
The complainant has a right to appeal our Decision of complaints regarding specific programs, pupil fees and the LCAP to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving ourDecision. The appeal must be accompanied by a copy of the originally-filed complaint and a copy of our Decision.
The complainant is advised of civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable.
A copy of our UCP compliant policies and procedures is available free of charge.