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Dear Parents, Each year the school district is required to provide teachers, parents and students a copy of the Uniform Complaint Procedures. Enclosed is a summary of the revised board policy that was approved at the December 7, 2006 School Board Meeting describing the content of the policy and the process to file a complaint. You may view the policies in their entirety at either the school sites or the District Office, 350 East K. Street, Benicia, CA 94510.
Uniform Complaint Policy The Uniform Complaint Policy addresses the procedures to follow for complaints regarding Federal programs and discrimination issues. If you feel a discrimination violation has occurred due to religion, race, ancestry, national origin, actual or perceived sex or sexual orientation, gender, ethnic group identification, color, mental or physical disability, age, association with a person or group with one or more of the actual or perceived characteristics then there is a process to follow in filing a complaint. The same process is to be used if you want to file a complaint regarding the Federal Programs that are provided by the Benicia Unified School District: Title I – Compensatory Education Title II, Part A – Teacher Quality and Technology Title II, Part D – Enhancing Education through Technology Title III – English Language Acquisition Title IV, Part A – Safe and Drug-Free Schools and Communities Title IV – Innovative Strategies
Benicia Unified School District is primarily responsible for compliance with federal and state laws and regulations. We do ask, as with any problem, to first try and resolve the issue at the school level. If talking to the school principal does not resolve the issue, then the following process is to be used to resolve the complaint. Janice Adams, Superintendent
350 East K Street
Benicia, CA 94510
707-747-8300
An unlawful discrimination complaint shall be filed no later than six months from the date the alleged discrimination occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination. Within three days the complaint officer will communicate with the complainant and discuss the possibility of mediation. Within five days of receiving the complaint an investigation will occur if mediation did not resolve the issue according to the law. Within 30 days of receiving the complaint, the district will provide a written report of the district’s investigation and decision. The complainant has the right to appeal the Superintendent’s decision within 5 days of the complainant receiving mediation findings. The complainant may file a complaint to the Board in writing. The Board will either uphold the Superintendent’s decision or will hear the complaint at a board meeting which will be followed up by a written report. The complaint procedure and appeal process at the District level will be concluded within 60 calendar days from the day the complaint was filed unless the complainant agrees, in writing, to extend the time line. The complainant has a right to appeal the Board’s decision to the California Department of Education within 15 days of receiving the Board’s decision. The appeal to the California Department of Education must include the reason for the appeal, a copy of the filed complaint and a copy of the District’s written report. Civil law remedies may be available under state or federal discrimination laws, if applicable. A complainant may pursue available civil law remedies outside of the district’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. (Education Code Section 262.3 [EC 262.3 T5CCR4622].
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Uniform Complaint