To investigate complaints regarding an alleged
violation by the District of federal or state law or regulations
governing educational programs, including allegations of unlawful
discrimination,
and to ensure District compliance with
law, the Board of Education designates the following compliance officer:
Superintendent of Schools (or designee)
5050 Barranca Parkway, Irvine, CA 92604
(949) 936-5000
The Superintendent or designee shall meet the notification
requirements of the Code of Regulations, Title 5, Section 4622,
including the annual dissemination of District complaint procedures and
information about available appeals, civil law remedies, and conditions
under which a complaint may be taken directly to the California
Department of Education.
Approved procedures shall be used to address complaints which allege
that the District has violated federal or state laws or regulations
governing educational programs. Compliance officers shall maintain
a record of each complaint and subsequent related actions, including all
information required for compliance with the Code of Regulations, Title
5, Section 4632.
Investigations of discrimination complaints shall be conducted in a
manner that protects confidentiality of the parties and the facts
(Title 5, Section 4630).
All parties involved in allegations shall be notified when a
complaint is filed, when a complaint meeting or hearing is scheduled,
and when a decision or ruling is made.
Any individual, public agency, or organization may file a written
complaint of alleged non-compliance with the appropriate compliance
officer named above.
If a complainant is unable to put a complaint in writing due to
conditions such as illiteracy or other handicaps, District staff shall
help him/her to file the complaint (Title 5, Section 4600).
Complaints alleging unlawful discrimination may be filed by a person
who alleges that he/she personally suffered unlawful 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 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).
Within three days of receiving the complaints, the compliance officer
may discuss with the complainant the possibility of using
mediation. If all parties agree to mediation, the compliance
officer shall make all arrangements for this process.
If the mediation process does not resolve the problem, the compliance
officer shall proceed with his/her investigation of the complaint.
The use of mediation shall not extend the District's time lines for
investigating and resolving the complaint unless the complainant agrees
in writing to such an extension of time.
Investigation of Complaint
The compliance officer shall hold an investigative meeting within
five days of receiving the complaint or attempting to mediate the
complaint. The meeting shall provide an opportunity for the
complainant and/or his/her representative and the District's
representatives to present information relevant to the complaint.
Parties to the dispute may discuss the complaint and question each other
or each other's witnesses (Title 5, Section 4631).
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.
If a complainant is dissatisfied with the District's decision, he/she
may appeal in writing to the California Department of Education within
15 days of receiving the District's decision. For good cause, the
Superintendent of Public Instruction may grant an extension for filing
appeals.
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).
If dissatisfied with the California Department of Education's
resolution of a complaint regarding a Title I program, the complainant
may request its review by the U.S. Secretary of Education (34 Code of
Federal Regulations, 200.74).
Policy Adopted: May 19, 1992
Revised: October 2, 2001
