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Uniform Complaint Procedure

Uniform Complaint Procedure

Procedimiento de Denuncia Uniforme

 

The Newport-Mesa unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. The Board encourages the early, informal resolution of complaints whenever possible and appropriate. Board Policy (BP) 1312.3 - Uniform Complaint Procedures (UCP) has been adopted to resolve complaints which cannot be resolved through the informal process. BP 1312.3 outlines how complaints alleging violation of state or federal laws governing educational programs, allegations of unlawful discrimination, harassment, intimidation, and bullying, the charging of unlawful pupil fees and the non-compliance of the Local Control and Accountability Plan (LCAP) are addressed.

 

The Newport-Mesa Unified School District is committed to providing equal opportunity for all individuals. District programs, activities, practices, and employment shall be free from discrimination, harassment, intimidation, and bullying based on race, color, ancestry, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, or gender identity or expression; the perception of one or more of such characteristics; or association with a person or a group with one or more of these actual or perceived characteristics.

 

The UCP shall be used when addressing complaints alleging failure to comply with state and/or federal laws in:

  • Adult Education
  • After School Education and Safety
  • Career Technical Education
  • Child Care and Development Programs including state preschool
  • Consolidated Categorical Programs
  • Discrimination, Harassment, Intimidation, and Bullying
  • ESEA Titles I-VII
  • Foster and Homeless Youth
  • Local Control Funding Formula and Local Control Accountability Plans
  • Migrant Education
  • Nutrition Services - USDA Civil Rights
  • Regional Occupational Centers and Programs
  • School Facilities
  • Special Education
  • Tobacco-Use Prevention Education Program
  • Unlawful Pupil Fees

 

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. A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred.

 

Complaints, other than issues relating to pupil fees, must be filed in writing with the following designated Uniform Complaint Officer: Assistant Superintendent, Chief Human Resources Officer

Newport-Mesa School District–Human Resources

2985 Bear St. Costa Mesa, CA 92626

 

A pupil fees and/or LCAP complaint may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint. A pupil fees complaint may be filed with the school site principal.

 

If you have any additional questions regarding the process, please contact Human Resources at 714-424-7589.

 

BP 1312.3 – Uniform Complaint Procedures and the complaint forms

 

Investigation of Complaint:

 

The compliance officer shall hold an investigative meeting within five (5) days of receipt of the complaint or within five (5) days of an unsuccessful mediation in which the impartial compliance officer collects information from each party and from witnesses identified by the parties separately in private interviews and then analyzes it to reach a determination. To ensure that all pertinent facts are made available, the compliance officer and the complainant may ask other individuals to attend this meeting and provide additional information.

 

Written 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.

 

Appeals to the California Department of Education:

 

If the complainant is dissatisfied with the District decision may appeal in writing to the California Department of Education within fifteen (15) days of receiving the District’s decision. When appealing to the California Department of Education, the complainant must specify the reason(s) for appealing the district’s decision and must include copies of the complaint and the District’s decision. In addition, the complainant has the right to contact the Office of Civil Rights or the Equal Employment Opportunity Commission to file a claim.

 

A complainant may pursue available civil law remedies outside of the District’s complaint procedures. Complainants may seek assistance from mediation centers or public/ private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders. For discrimination complaints, however, a complainant must wait until 60 days have elapsed from the filing of an appeal with the California Department of Education before pursuing civil law remedies. The moratorium does not apply to injunctive relief and is applicable only if the District has appropriately, and in a timely manner, apprised the complainant of his/her rights to file a complaint in accordance with 5 CCR 4622. (EC Section 262.3)

 

Copies of the District’s full Uniform Complaint procedures are available at the District’s Human Resources Office and at each school site. Complaints alleging non-compliance or alleging unlawful discrimination should be directed to the school principal and/or the Assistant Superintendent, Human Resources.:

Assistant Superintendent, Chief Human Resources Officer

Newport-Mesa School District–Human Resources

2985 Bear St. Costa Mesa, CA 92626

714-424-5041

Contact Us

Human Resources

714-424-7589 Phone