COMPLAINTS

Uniform Complaints Policies

In accordance with California Code of Regulations, Title 5 (5 CCR) sections 4600-4687 The Leadership Public School (LPS) Board of Trustees (Board) recognizes that LPS has the primarily responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs in California public charter schools. The Board encourages early resolution of complaints whenever possible. To resolve complaints which may require a more formal process, the Board adopts a uniform system of complaint policy and process in which LPS shall follow.

SCOPE OF UNIFORM COMPLAINT PROCEDURES

Pursuant to this policy, persons responsible for conducting investigations shall be knowledgeable about the laws and programs, which they are assigned to investigate. This complaint procedure is adopted to provide a uniform system of complaint processing for the complaints of violations of state or federal law and regulations governing the following programs including:

Career Technical Education Programs; Child Care and Development Programs; Child Nutrition Programs; Compensatory Education; Every Student Succeeds Act / No Child Left Behind Act (2001) Programs (Titles I-VII), including improving academic achievement, compensatory education, limited English proficiency, and migrant education; Education of Foster or Homeless Youth; Pupils from Military Families; Migratory Pupils; Accommodations for Pregnant and Parenting Pupils; Migrant Education Programs; and/or Special Education Programs.

LPS will also use its Uniform Complaint Procedures when addressing allegations of:

Unlawful discrimination, harassment, intimidation or bullying against any protected group, including actual or perceived discrimination, on the basis of the actual or perceived characteristics of age, ancestry, color, mental disability, physical disability, ethnic group identification, immigration status/citizenship, gender expression, gender identity, gender, genetic information, nationality, national origin, race or ethnicity, religion, medical condition, marital status, 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 LPS program or activity.
- Non-Discrimination Statement
  1. Leadership Public Schools prohibits discrimination, harassment, intimidation, and bullying based on actual or perceived race, religion creed, color, national origin, ancestry, age, parental, family, or marital status, pregnancy, physical or mental disability, medical condition, genetic information, veteran status, gender, gender identity, gender expression, sex (sexual harassment), or sexual orientation, or association with a person or a group with one or more of these actual or perceived characteristics.
Failure to comply with the school safety planning requirements. (Ed. Code, § 32289.) 5. Failure to comply with the requirements regarding Local Control and Accountability Plans (LCAP). (Ed. Code, § 52075.)
A pupil enrolled in a public school was required to pay a pupil fee for participation in an educational activity as those terms are defined below.
- “Educational activity” means an activity offered by a school, school district, charter school or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.
- “Pupil fee” means a fee, deposit or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 of the Education Code and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. 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, uniform or other materials or equipment.
  - A purchase that a pupil is required to make to obtain materials, supplies, equipment or uniforms associated with an educational activity.
- A pupil fees complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with laws relating to pupil fees.
- If LPS finds merit in a pupil fees complaint the school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by LPS to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board.
- Nothing in this section shall be interpreted to prohibit solicitation of voluntary donations of funds or property, voluntary participation in fundraising activities, or school districts, school, and other entities from providing pupils prizes or other recognition for voluntarily participating in fundraising activities.
Course periods without educational content; improperly requiring a pupil to repeat a course which the pupil completed and received a sufficient grade. (Ed. Code, § 51228.3.)
Failure to provide reasonable accommodation to a lactating pupil. (Ed. Code, § 222.)
Noncompliance with legal requirement applicable to a foster youth regarding educational placement decisions, the responsibilities of LPS’ educational liaison to the pupil, the award of credit for coursework satisfactorily completed in another school or district, school transfer, or the grant of an exemption from LPS’ graduation requirements. (Ed. Code, §§ 48853, 48853.5, 49069.5, 51225.1, 51225.2.)

NOTIFICATIONS

LPS shall annually provide written notification of the school’s uniform complaint procedures to employees, students, parents and/or guardians, advisory committees, private school officials, and other interested parties. The annual notice shall be in English. Pursuant to Education Code Section 48985, if fifteen (15) percent or more of the pupils enrolled in the school speak a single primary language other than English, this annual notice will also be provided to the parent or guardian of any such pupils in their primary language. The Director of Student Services & Title IX Officer or designee shall make available copies of LPS’ uniform complaint procedures free of charge. The annual notice shall include the following:

A statement that LPS is primarily responsible for compliance with federal and state laws and regulations.
A statement that a pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.
A statement identifying the responsible staff member, position, or unit designated to receive complaints.
A statement that the complainant has a right to appeal LPS’ decision to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving the school’s decision.
A statement advising the complainant of any civil law remedies that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable, and of the appeal pursuant to Education Code Section 262.3.
A statement that copies of the local educational agency complaint procedures shall be available free of charge.

Uniform Complaints Procedures

STEP 1: FILING COMPLAINT

Any individual, public agency, or organization may file a written complaint of alleged noncompliance with federal or state laws or regulations governing educational programs listed in California Code of Regulations, title 5, section 4610(b). (Cal. Code Regs., tit. 5, § 4630.) The following procedures shall be used to address all complaints which allege that LPS has violated federal or state laws or regulations governing educational programs. The Director of Student Services & Title IX Officer shall maintain a record of each complaint and subsequent related actions. All parties involved in allegations shall be notified in writing when:

A complaint is filed,
A complaint meeting or hearing is scheduled, and
A decision or ruling is made.

The complaint shall be presented to the Director of Student Services & Title IX Officer or designee who shall maintain a log of complaints received, providing each with a code number and a date stamp. Complaints regarding the unlawful charging of pupil fees may be filed with the school principals, Superintendent, or Compliance Officer.

A complaint alleging noncompliance with the law prohibiting pupils to pay pupil fees must be filed within one year of the alleged violation. (Cal. Code Regs., tit. 5, § 4630.)
Pupil fee and LCAP complaints may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance. (Ed. Code, §§ 49013, 52075.)

If a complainant is unable to put a complaint in writing due to conditions such as a disability or illiteracy, LPS staff shall assist them in the filing of the complaint. (Cal. Code Regs., tit. 5, § 4600.)

STEP 2: MEDIATION

After receipt of the written complaint, if deemed appropriate, the Director of Student Services & Title IX Officer or designee, may informally discuss with all the parties the possibility of using mediation. If the parties agree to mediation, the Director of Student Services & Title IX Officer or designee shall make all arrangements for the process. Before initiating the mediation of a complaint alleging discrimination, harassment, intimidation, or bullying, the Director of Student Services & Title IX Officer or designee shall ensure that all parties agree to make the mediator a party to related confidential information. If the mediation process does not resolve the problem within the parameters of law, the Director of Student Services & Title IX Officer or designee shall proceed with his/her investigation of the complaint. Mediation may not extend the 60-day timeline for investigation and resolution of the complaint unless the complainant agrees, in writing, to the extension.

STEP 3: INVESTIGATION OF COMPLAINT

Within 10 days of receiving the complaint, the Director of Student Services & Title IX Officer or designee shall provide the complainant and/or their representative an opportunity to present any evidence, or information leading to evidence, to support the allegations in the complaint. The Director of Student Services & Title IX Officer or designee also shall collect documents and interview witnesses with information pertinent to the complaint.

A complainant’s refusal to provide the Director of Student Services & Title IX Officer or designee with documents or other evidence related to the allegations in the complaint, failure or refusal to cooperate in the investigation, or engagement in any other obstruction of the investigation may result in the dismissal of the complaint because of a lack of evidence to support the allegation. (Cal. Code Regs., tit. 5, § 4631.)

In accordance with law, LPS shall provide the Director of Student Services & Title IX Officer or designee with access to records and other information related to the allegation in the complaint and shall not in any way obstruct the investigation. Failure or refusal of LPS to cooperate in the investigation may result in a finding based on evidence collected that a violation has occurred and in the imposition of a remedy in favor of the complainant. (Cal. Code Regs., tit. 5, § 4631.)

STEP 4: WRITTEN RESPONSE

Unless extended by written agreement with the complainant, within 60 days of receiving the complaint, the Director of Student Services & Title IX Officer shall prepare and send to the complainant a written report of LPS’ decision, as described in Step 5 below.

STEP 5: FINAL WRITTEN DECISION

LPS’ decision shall be in writing and sent to the complainant. The decision shall be written in English and in the language of the complainant whenever feasible or required by law. For all complaints, the report shall include:

The findings of fact based on the evidence gathered,
Conclusion(s) of law,
Disposition of the complaint,
The rationale for such disposition,
Corrective actions, if any are warranted, including any pupil fee remedies,
Notice of the complainant’s right to appeal LPS’ decision within 15 days to the California Department of Education (CDE),
Procedures to be followed for initiating an appeal to CDE. (Cal. Code Regs., tit. 5, § 4631.) An appeal to the CDE must fully explain the basis for the appeal, stating how the facts of the LEA’s report are incorrect and/or the law is misapplied.
In addition, any decision concerning a discrimination complaint based on State law shall include a notice that the complainant must wait until 60 days have elapsed from the filing of an appeal with CDE before pursuing civil law remedies. (Ed. Code, § 262.3.)
For unlawful discrimination, harassment, intimidation or bullying complaints arising under federal law such complaint may be made at any time to the U.S. Department of Education, Office for Civil Rights. If an employee or student is disciplined as a result of the complaint, the decision shall simply state that effective action was taken and that the employee or student was informed of Leadership Public School’s expectations. The report shall not give any further information as to the nature of the disciplinary action.
If a complaint alleging noncompliance with the laws regarding LCAP requirements or pupil fees is found to have merit, LPS shall provide a remedy to all affected pupils and parents/guardians. (Ed. Code, §§ 49013, 52075.) Where applicable, this shall include reasonable efforts to reimburse pupil fees subject to procedures established through State Board adopted regulations. Reasonable efforts means good faith attempts to identify and fully reimburse all pupils, parents and guardians who paid a pupil fee within one year prior to the filing of the complaint. (Ed. Code, § 49013; Cal. Code Regs., tit. 5, § 4600.)
If a course period without educational content complaint is found to have merit, the remedy shall go to the affected pupil. (Ed. Code, § 51228.3.)

Appeals to the California Department of Education If dissatisfied with LPS’ decision, the complainant may appeal in writing to the CDE within fifteen (15) days of receiving the school’s decision. When appealing to the CDE, the complainant must specify the basis for the appeal of the decision and whether the facts are incorrect and/or the law has been misapplied.

The appeal shall be accompanied by a copy of the locally filed complaint and a copy of the school’s decision. Upon notification by the CDE that the complainant has appealed LPS’ decision, the Director of Student Services & Title IX Officer or designee shall forward the following documents to the CDE:

A copy of the original complaint.
A copy of the decision.
A summary of the nature and extent of the investigation conducted by the school, if not covered by the decision.
A copy of the investigation file, including but not limited to all notes, interviews, and documents submitted by all parties and gathered by the investigator. Policy Number: 1312.3 – Uniform Complaint Procedures Section: Community Relations Adoption Date: 3/9/2020 Revised Date
A report of any action taken to resolve the complaint.
A copy of LPS’ complaint procedures.
Other relevant information requested by the CDE.

The CDE may directly intervene in the complaint without waiting for action by LPS when one of the conditions listed in Title 5, California Code of Regulations, Section 4650 exists, including cases in which the school has not taken action within sixty (60) days of the date the complaint was filed with the school.

Retaliation

LPS prohibits any form of retaliation against any complainant in the complaint process, including but not limited to a complainant’s filing of a complaint or the reporting of instances of unlawful discrimination, harassment, intimidation or bullying. Such participation shall not in any way affect the status, grades or work assignments of the complainant.

Dismissal of Complaint

As a provision to these policies and procedures a complaint may be dismissed if a written statement withdrawing the initial complaint and the request to cease any investigation. It should be noted that LPS exercises the right to exercise discretion and continue the investigation into the allegation(s) made.

UCP Policy & Procedures

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File/Report a UCP Complaint

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Title IX Sexual Harassment Policies

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