Uniform Complaint Procedure
The Charter School has the primary responsibility to insure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation, and bullying, and complaints alleging violations of state or federal laws governing educational programs and the charging of unlawful pupil fees.
The Charter School shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedure (“UCP”) adopted by our local board. Unlawful discrimination harassment, intimidation, or bullying complaints may be based on actual or perceived characteristics of age, ancestry, color, disability, ethnic group identification, gender expression, gender identity, gender, genetic information, nationality, national origin, race or ethnicity, religion, sex, or sexual orientation, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity that receives or benefits from state financial assistance.
The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in:
- Consolidated Categorical Aid Programs
- Migrant Education
- Career Technical and Technical Education and Training Programs
- Child Nutrition Programs
- Special Education Programs
- Safety Planning Requirements
A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local UCP. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity. A pupil fee includes, but is not limited to, all of the following:
- A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
- A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.
- A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.
- A pupil fee complaint shall not be filed later than one year from the date the alleged violation occurred.
Complaints that fall under the UCP, including complaints of noncompliance with laws relating to pupil fees, must be filed in writing with the below compliance officer. l. A complaint regarding pupil fees may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance with laws relating to pupil fees. The compliance officer is:
Herbert W. Cooley Superintendent/Principal
Yuba City Charter School Administrative Office
256 Wilbur Ave. Yuba City 95991
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/Principal or his or her designee.
Complaints will be investigated and a written Decision or report will be sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) day time period may be extended by written agreement of the complainant. The Charter School person responsible for investigating the complaint shall conduct and complete the investigation in accordance with California regulations and in accordance with the Charter School’s procedures.
The complainant has a right to appeal the School’s Decision to the California Department of Education (“CDE”) by filing a written appeal within 15 days of receiving the Decision. The appeal must include a copy of the complaint filed with the School and a copy of the Charter School’s Decision.
Civil law remedies may be available under state or federal discrimination, harassment, intimidation, or bullying laws, if applicable. In appropriate cases, an appeal may be filed pursuant to Education Code Section 262.3. A complainant may pursue available civil law remedies outside of [the LEA]’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.
A copy of the UCP policy and complaint procedures is posted in every classroom and shall be available free of charge in the Main Office and in the Policies Appendix.