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Uniform Complaint Procedure
Education Code Section 35186
UNIFORM COMPLAINT PROCEDURES
The Orchard School District Governing Board recognizes that the District has the responsibility to: (1) provide students with sufficient instructional materials; (2) assign teachers in a position that the employee is authorized to hold; and (3) maintain a clean and safe school. As a result of the Williams Settlement, Section 35186 of the Education Code requires districts to annually notify the public of the procedures to address the following types of complaints.
Lack of Sufficient Instructional Materials
- A pupil, including an English learner, does not have standards-aligned textbooks, or instruction materials, or state adopted or district adopted textbooks, or other required instructional materials to use in class.
- A pupil does not have access to instructional materials to use at home or after school in order to complete required homework assignments.
- Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
Facility Conditions that Pose Emergency or Urgent Threats to the Health and/or Safety of Pupils and/or Staff
- Wall, ceiling and roof leaks
- Nonfunctioning heating, ventilation, fire sprinklers, or air conditioning systems
- Electrical power failure
- Major sewer line stoppage
- Major pest or vermin infestation
- Broken windows or exterior doors or gates that will not lock and that pose a security risk
- Abatement of hazardous materials previously undiscovered that pose an immediate threat to pupils or staff
- Structural damage creating a hazardous or uninhabitable condition
- Any other emergency condition that the school district determines appropriate
Teacher Vacancy and Misassignment
- A semester begins and a certificated teacher is not assigned to teach the class.
- A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20% English learner pupils in the class.
- A teacher is assigned to teach a class for which the teacher lacks subject matter competency.
Procedures for Other Complaints
- Complaints shall be made using the standard format entitled, Senate Bill 550, Williams Legislation Complaint Form.
- Complaints may be anonymous.
- If the complainant request a response and provides contact information, the District shall provide a response in writing.
- Complaints shall be filed with the applicable school principal or his/her designee.
- If the complaint is beyond the authority of the school principal, he/she will forward it to the appropriate school district official within ten days of receipt of the complaint.
- The principal or designee of the District Superintendent will make all reasonable efforts to investigate any problem within his/her authority.
- Valid complaints must be remedied within 30 working days of receipt.
- The principal or designee of the District Superintendent has 45 days from the initial filing to report the resolution in writing to the complaint and the designee of the Superintendent.
- If a person is not satisfied with the resolution of the complaint, the person can appeal to the Governing Board of the school district at a regular scheduled hearing/meeting.
- If the complaint involves facility issues that pose an emergency or urgent threat, an appeal can be sent directly to the Superintendent of Public Instruction (SPI). The SPI will provide a written report to the State Board of Education describing the complaint and proposed remedy, as appropriate.
A notice will be posted in each classroom notifying parents and guardians of the opportunity to complain about instructional materials and facility issues.
- Starting with the quarter of January through March 2005, the Superintendent is responsible for submitting a quarterly report to the County Superintendent and the Governing Board on the nature and resolution of complaints addressing insufficient instructional materials, teacher vacancies and misassignments, and the emergency or urgent facilities issues.
- The summaries must be publicly reported on a quarterly basis at a regularly scheduled meeting of the Governing Board.