BP 1312.3 — UNIFORM COMPLAINT PROCEDURES
Community Relations BP 1312.3(a)
UNIFORM COMPLAINT PROCEDURES
The Board of Education recognizes the 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. To resolve complaints which cannot be resolved through such
informal process, the Board shall adopt a uniform system of complaint processes
specified in 5 CCR 4600-4670 and the accompanying administrative regulation.
The District’s Uniform Complaint Procedures (UCP) shall be used to investigate and
resolve the following complaints:
1. Any complaint alleging District violation of applicable state and federal law or
regulations governing adult education programs, after school education and safety
programs, agriculture vocational education, compensatory education, consolidated
categorical aid programs, migrant education, career technical and technical
education and training programs, child care and development programs, regional
occupational centers and programs, state preschool program, state preschool health
and safety in license-exempt programs, and any other District-implemented program
which is listed in Education Code 64000(a).
(cf. 3553 - Free and Reduced Price Meals)
(cf. 3555 - Nutrition Program Compliance)
(cf. 5148 - Child Care and Development)
(cf.5148.2 - Before/After School Programs)
(cf. 5148.3 - Preschool/Early Childhood Education)
(cf. 6171 - Title I Programs)
(cf. 6175 - Migrant Education Program)
(cf. 6178 - Career Technical Education)
(cf. 6178.1 - Work-Based Learning)
(cf. 6178.2 - Regional Occupational Center/Program)
(cf. 6200 - Adult Education)
2. Any complaint alleging the occurrence of unlawful discrimination, such as
discriminatory harassment, or intimidation, against any person participating in District
programs and activities, based on a person’s actual or perceived characteristics of
race or ethnicity, color, ancestry, nationality, national origin, immigration status,
ethnic group identification, age, religion, physical or mental disability, medical
condition 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, in District programs and activities, including, but not limited
to, those funded directly by or that receive or benefit from any state financial
assistance (5 CCR 4610).
BP 1312.3(b)
UNIFORM COMPLAINT PROCEDURES (cont.)
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 4030 - Nondiscrimination in Employment)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.7 - Sexual Harassment)
3. Any complaint alleging District noncompliance with the requirement to provide
reasonable accommodation to a lactating student on school campus to express
breast milk, breastfeed an infant child, or to address other breastfeeding-related
needs of the student (Education Code 222)
(cf. 5146 - Married/Pregnant/Parenting Students)
4. Any complaint alleging District noncompliance with the prohibition against requiring
students to pay fees, deposits, or other charges for participation in educational
activities (5 CCR 4610)
(cf. 3260 - Fees and Charges)
(cf. 3320 - Claims and Actions Against the District)
5. Any complaint alleging District noncompliance with legal requirements related to the
implementation of the local control and accountability plan (Education Code 52075)
(cf. 0460 - Local Control and Accountability Plan)
6. Any complaint, by or on behalf of any student who is a foster youth, alleging District
noncompliance with educational and graduation requirements for students in foster
care, students experiencing homelessness, students from military families, students
formerly in a juvenile court school, students who are migratory, and newcomer
students. (Education Code 48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)
(cf. 6173.1 - Education for Foster Youth)
(cf. 6173 - Education for Homeless Children)
(cf. 6173.2 - Education of Children of Military Families)
7. Any complaint alleging District noncompliance with the requirements of Education
Code 51228.1 and 51228.2 that prohibit the assignment of a student in grades 9-12
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)
(cf. 6152 - Class Assignment)
8. Any complaint alleging District noncompliance with the physical education
instructional minutes requirement for students in elementary school (Education Code
51210, 51223)
(cf. 6142.7 - Physical Education and Activity)
BP 1312.3(c)
UNIFORM COMPLAINT PROCEDURES (cont.)
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
10. Any other complaint as specified in a District policy
The Board recognizes that Alternative Dispute Resolution (ADR) can, depending on the
nature of the allegations, offer a process to reach a resolution to the complaint that is
agreeable to all parties. One type of ADR is mediation, which shall be offered to resolve
complaints that involve more than one student and no adult. However, mediation shall not
be offered or used to resolve any complaint involving sexual assault or where there is a
reasonable risk that a party to the mediation would feel compelled to participate. The
Superintendent or designee shall ensure that the use of ADR is consistent with state and
federal laws and regulations.
The District shall protect all complainants from retaliation. In investigating complaints, the
confidentiality of the parties involved shall be protected as required by law. As
appropriate, for any complaint alleging retaliation, or unlawful discrimination, such as
discriminatory harassment, intimidation, or bullying, the Superintendent or designee shall
keep confidential the identity of a complainant and/or the subject of the complaint, if
he/she is different from the complainant, as long as the integrity of the complaint process
is maintained.
(cf. 4119.23 - Unauthorized Release of Confidential/Privileged Information)
(cf. 5125 - Student Records)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
When an allegation that is not subject to the UCP is included in a UCP complaint, the
District shall refer the non-UCP allegation to the appropriate staff or agency and shall
investigate and, if appropriate, resolve the UCP related allegation(s) through the District’s
UCP.
The Superintendent or designee shall provide training to District staff to ensure
awareness and knowledge of current law and related requirements, including the steps
and timelines specified in this policy and the accompanying administrative regulation.
(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
The Superintendent or designee shall maintain records of all UCP complaints and the
investigations of those complaints, in accordance with applicable state law and District
policy.
(cf. 3580 - District Records)
BP 1312.3(d)
UNIFORM COMPLAINT PROCEDURES (cont.)
Non-Uniform Complaint Procedures Complaints
The following complaints shall not be subject to the District’s UCP but shall be referred to
the specified agency: (5 CCR 4611)
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.
(cf. 5141.4 - Child Abuse Prevention and Reporting)
2. Any complaint alleging health and safety violations by a child development program
shall, for licensed facilities, be referred to Department of Social Services.
3. Any complaint alleging that a student, while in an education program or activity, was
subjected to conduct known to the district that may reasonably constitute sex
discrimination under title ix, including sex-based harassment, as defined in 34CFR
106.2.
4. Except for complaints alleging sex discrimination, including sex-based harassment,
any complaint alleging employment discrimination or harassment shall be
investigated and resolved by the District in accordance with the procedures specified
in AR 4030 - Nondiscrimination in Employment.
Employment complaints alleging sex discrimination, including sex-based
harassment, shall be investigated and resolved as specified in 34 CFR 106.44 and
106.45.
5. Any complaint alleging violation of a state or federal law or regulation related to
special education, a settlement agreement related to the provisions of a Free
Appropriate Public Education (FAPE), failure or refusal to implement a due process
hearing order to which the district is subject, or a physical safety concern that
interferes with the district’s provision of FAPE shall be submitted to the California
Department of Education (CDE). (4 CCR 15580-15584)
6. Any complaint alleging noncompliance of the district’s food service program with laws
regarding meal counting and claiming, reimbursable meals, eligibility of children or
adults, or use of cafeteria funds and allowable expenses shall be filed with the or
referred to CDE in accordance with Board Policy 3555 – Nutrition Program
Compliance. (5 CCR 15580-15584)
7. Any allegation of discrimination based on race, color, national origin, sex, age, or
disability in the district’s food service program shall be filed with or referred to the
U.S. Department of Agriculture in accordance with Board Policy 3555 – Nutrition
Program Compliance. (5 CCR 15582)
BP 1312.3(e)
UNIFORM COMPLAINT PROCEDURES (cont.)
In addition, the District's Williams Uniform Complaint Procedures, AR 1312.4, 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)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
(cf. 3555 – Nutrition Program Compliance)
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
222 Reasonable accommodations; lactating students
8200-8498 Child care and development programs
8500-8538 Adult basic education
18100-18203 School libraries
32280-32289 School safety plan, uniform complaint procedures
35186 Williams uniform complaint procedures
46015 Accommodations for pregnant and parenting students
48645.7 Juvenile court schools
48853-48853.5 Foster youth
48985 Notices in language other than English
49010-49013 Student fees
49060-49079 Student records
49069.5 Rights of parents
49490-49590 Child nutrition programs
49701 Interstate Compact on Educational Opportunity for Military Children
51204.5 Social sciences instruction; contributions of specified groups
51210 Courses of study grades 1-6
51223 Physical education, elementary schools
51225.1-51225.2 Foster youth and homeless children; former juvenile court school student, and military-
connected students; course credits; graduation requirements
51226-51226.1 Career Technical Education
51228.1-51228.3 Course periods without educational content
51501 Nondiscriminatory subject matter
52060-52077 Local control and accountability plan, especially
52075 Complaint for lack of compliance with local control and accountability plan requirements
52160-52178 Bilingual education programs
52300-5262 Career technical education
52500-52616.24 Adult schools
54000-54029 Economic Impact Aid
54400-54425 Compensatory education programs
54440-54445 Migrant education
54460-54529 Compensatory education programs
56000-56865 Special education programs
59000-59300 Special schools and center
64000-64001 Consolidated application process
GOVERNMENT CODE
11135 Nondiscrimination in programs or activities funded by state
12900-12996 Fair Employment and Housing Act
BP 1312.3(f)
UNIFORM COMPLAINT PROCEDURES (cont.)
PENAL CODE
422.55 Hate crime; definition
422.6 Interference with constitutional right or privilege
CODE OF REGULATIONS, TITLE 2
11023 Harassment and discrimination prevention and correction
CODE OF REGULATIONS, TITLE 5
3080 Application of section
3200-3205 Special Education compliance complaints
4600-4687 Uniform complaint procedures
4690-4694 Health & Safety issues in license-exempt preschool programs
4900-4965 Nondiscrimination in elementary and secondary education programs
UNITED STATES CODE, TITLE 20
1221 Application of laws
1232g Family Educational Rights and Privacy Act
1681-1688 Title IX of the Education Amendments of 1972
6301-6577 Title I basic programs
6801-7014 Title III language instruction for limited English proficient and immigrant students
7101-7184 Safe and Drug-Free Schools and Communities Act
7201-7283g Title V promoting informed parental choice and innovative programs
7301-7372 Title V rural and low-income school programs
12101-12213 Title II equal opportunity for individuals with disabilities
UNITED STATES CODE, TITLE 29
794 Section 504 of Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42
2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended
2000h-2-2000h-6 Title IX of the Civil Rights Acts of 1964
6101-6107 Age Discrimination Act of 1975
CODE OF FEDERAL REGULATIONS, TITLE 28
35.107 Nondiscrimination of basis of disability; complaints
CODE OF FEDERAL REGULATIONS, TITLE 34
99.1-99.67 Family Educational Rights and Privacy
100.3 Prohibition of discrimination on basis of race, color or national origin
104.7 Designation of responsible employee for Section 504
106.30 Nondiscrimination on the basis of sex in education programs
106.45 Title IX sexual harassment complaint procedures
106.8 Designation of responsible employee for Title IX
106.9 Notification of nondiscrimination on basis of sex
110.25 Notification of nondiscrimination on the basis of age
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Sample UCP Board Policies and Procedures
U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS
Dear Colleague Letter: Title IX Coordinators, April 2015
Dear Colleague Letter: Bullying of Students with Disabilities, August 2013
Dear Colleague Letter: Harassment and Bullying, October 2010
Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or
Third Parties, January 2001
U.S. DEPARTMENT OF JUSTICE PUBLICATIONS
Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 2002
BP 1312.3(g)
UNIFORM COMPLAINT PROCEDURES (cont.)
WEBSITES
California School Boards Association: www.csba.org
California Department of Education: www.cde.ca.gov
Family Policy Compliance Office: www.family policy.ed.gov
U.S. Department of Education, Office for Civil Rights: www.ed.gov/about/offices/list/ocr
U.S. Department of Justice: www.justice.gov
Chino Valley Unified School District
Policy adopted: October 19, 1995
Revised: September 4, 2003
Revised: December 9, 2004
Revised: September 1, 2005
Revised: October 15, 2009
Revised: August 16, 2012
Revised: June 13, 2013
Revised: September 5, 2013
Revised: October 2, 2014
Revised: August 13, 2015
Revised: November 5, 2015
Revised: September 15, 2016
Revised: August 17, 2017
Revised: February 21, 2019
Revised: May 15, 2025