Adult Education Career/Technical Education Child Development Special Education Nutrition Services

Consolidated Categorical Aid, such as: -No Child Left Behind -Economic Impact Aid (SCE, EIA-LEP) -Peer Assistance and Review -School Improvement Program -Tenth Grade Counseling -Tobacco Use Prevention Education

Compliance Officer

The Governing Board designates the following Compliance Officer to receive and investigate complaints and ensure District compliance with law:
Associate Superintendent of Educational Services
650/329-3709
Palo Alto Unified School District
25 Churchill Avenue
Palo Alto, CA 94306

Complaints of employment discrimination are not subject to the State’s uniform complaint procedure. Such complaints shall be sent to the following administrator who may use the procedures contained in this policy as general guidelines in the handling of such complaints:

Assistant Superintendent of Human Resources
650/329-3958
Palo Alto Unified School District
25 Churchill Avenue
Palo Alto, CA 94306

In addition, complaints that address certain facilities, instructional materials and teacher misassignment issues are subject to different requirements and are governed by the Board Policy entitled “Uniform Complaint Procedures Regarding Facilities, Instructional Materials, and Teacher Vacancies or Misassignments.” Neither of these complaint procedures, however, are intended to govern every type of complaint about a school or the District. To the contrary, these complaint procedures address only those complaints that fall within the policy’s specified scope.

The District encourages the early, informal resolution of complaints whenever possible. Many issues are best resolved by discussions between the parties most involved.

Notifications

The Superintendent/designee shall meet the notification requirements of the Code of Regulations, Title 5, Section 4622, by including a notice containing information about the complaint procedures in the annual Notice of Parents’ Rights, Staff Handbooks, and secondary school Student Handbooks. Additionally, a copy of the notice shall be provided annually to School Site Councils and the District advisory committee (if one exists).

Procedures

Complainants shall not be subject to retaliation as a result of the filing of a complaint. Investigations of discrimination complaints shall be conducted in a manner that protects confidentiality of the parties as appropriate. Complaints shall be processed in accordance with the steps below:


Step 1: Filing the Complaint

Any individual, public agency, or organization may file a written complaint of alleged noncompliance.

The complaint shall be presented to the Associate Superintendent for Educational Services except that complaints of employment discrimination shall be presented to the Assistant Superintendent of Human Resources. The Compliance Officer will maintain a log of complaints received, providing each with a code number and a date stamp. The Compliance Officer/designee shall investigate the complaint.

If a complainant is unable to put a complaint in writing due to conditions such as illiteracy or other handicaps, District staff shall assist with the filing of the complaint. (Title 5, Section 4600)

Complaints alleging unlawful discrimination may be filed by a person who alleges personal discrimination or by a person who believes that an individual or any specific class of individuals has been subjected to unlawful discrimination. The complaint must be initiated no later than six (6) months from the date when the alleged discrimination occurred or when the complainant first obtained knowledge of the facts of the alleged discrimination. (Title 5, Section 4630)

The Compliance Officer shall provide the complainant a copy of this complaint procedure if complainant has not already received one.

Nothing in this procedure is intended to prohibit the parties from resolving a problem prior to formal filing of a written complaint, nor from using alternative means to resolve a problem. At any stage of processing the complaint, the parties may mutually agree to attempt mediation as an alternative dispute resolution.

Step 2: Investigation of the Complaint

The Compliance Officer shall proceed with an investigation of the complaint. Investigation shall include, but not be limited to interviews with: (a) the complainant and/or complainant’s representative, (b) the person(s) responsible for the activity, policy, program, or service engaged in the alleged incident, and (c) any other person believed to have relevant knowledge concerning the complaint. The investigation may also include a face-to-face meeting between the complainant and the relevant parties to the dispute.

Step 3: Response and Final Decision

Within sixty (60) days of receiving the complaint, the Compliance Officer shall prepare and send to the complainant a written report of the District’s investigation and decision. The decision shall be based on the evidence.
If agreed in writing, the parties may mutually agree to extend the 60-day timeline for completion of the investigation. Extensions may be sought when the investigation cannot be adequately conducted within 60 days, such as when the parties have agreed to attempt mediation, or the complaint is filed prior to a school break.

The report of the District’s decision shall be written in English and in the language of the complainant whenever feasible or required by law. This report shall include:

1. The findings and disposition of the complaint, including corrective actions, if any.
2. The rationale for the above disposition.
3. Notice of the complainant’s right to appeal the decision to the California Department of Education, and procedures to be followed for initiating such an appeal.

Appeals to the California State Department of Education

If dissatisfied with the District’s decision, the complainant may also appeal in writing to the California Department of Education within fifteen (15) days of receiving the District’s decision. For good cause, the Superintendent of Public Instruction may grant an extension for filing appeals. The District and complainant may mutually request an extension of the time to appeal if the parties have agreed to attempt mediation to resolve the complaint.

When appealing to the California Department of Education, the complainant must specify the reason(s) for appealing the District’s decision and must include a copy of the locally filed complaint and the District’s decision. (Title 5, Section 4652)

The complainant’s right to a prompt and equitable resolution of the complaint will not be affected by the complainant’s pursuit of other remedies, such as the filing of a complaint with the Department of Justice or other appropriate federal agency, or the filing of a suit in state or federal court. In a complaint of unlawful discrimination, complainant may seek civil law remedies no sooner than sixty (60) days from the filing of an appeal with CDE, except that such time limitation does not apply to injunctive relief.

Definitions

The following definitions apply, as used in this policy:

(a) “Days” means calendar days unless designated as “working” days.

(b) “Complaint” means a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination.

(6/93)
(Revised 12/01/00)
(Revised 01/25/05)

Web page Revised February 2005