Rule 1312.4 - Williams Uniform Complaint Procedures
Series: 1000 - Community Relations
Rule: 1312.4 - Williams Uniform Complaint Procedures
Rule Approved: 05/03/2005
Last Revised: 03/02/2021
Download Rule 1312.4 - Williams Uniform Complaint Procedures PDF (English)
Download Exhibit (1) 1312.4 - Williams Uniform Complaint Procedures PDF (English)
Download Exhibit (2) 1312.4 - Williams Uniform Complaint Procedures PDF (English)
WILLIAMS UNIFORM COMPLAINT PROCEDURES
Types of Complaints
The District shall use the following procedures described in this administrative regulation only to investigate and resolve the following:
- Complaints regarding the insufficiency of textbooks and instructional materials, including any complaint alleging that:
- A student, including an English learner, does not have standardsaligned textbooks or instructional materials or state or Districtadopted textbooks or other required instructional materials to use in class.
- A student does not have access to instructional materials to use at home or after school. This does not require two sets of textbooks or instructional materials for each student.
- Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
- A student was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.
- Complaints regarding teacher vacancy or misassignment, including any complaint alleging that:
- A semester begins and a teacher vacancy exists.
- A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learners in the class.
- A teacher is assigned to teach a class for which the teacher lacks subject matter competency.
- Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of the semester for an entire semester.
- Beginning of the year or semester means the first day classes necessary to serve all the pupils enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day pupils attend classes for that semester.
- Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.
- Complaints regarding the condition of school facilities, including any complaint alleging that:
- A condition poses an emergency or urgent threat to the health or safety of students or staff. Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of students or staff while at school, including but not limited to, gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or airconditioning 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; or structural damage creating a hazardous or uninhabitable condition; or any other condition deemed appropriate.
- A school restroom has not been cleaned, maintained, or kept open in accordance with Education Code 35292.5. Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, or paper towels or functional hand dryers. Open restroom means the school has kept all restrooms open during school hours when pupils are not in classes and has kept a sufficient number of restrooms open during school hours when students are in classes. This does not apply when the temporary closing of the restroom is necessary for student safety or to make repairs. In any District school serving any of grades 6-12 in which 40 percent or more of the students in the school or school attendance area are from low-income families, as defined in 20 USC 6314, a complaint may be filed alleging noncompliance with the requirement of Education Code 35292.6 to stock, at all times, at least half of the restrooms in the school with feminine hygiene products and to not charge students for the use of such products.
Forms and Notices
The Superintendent or designee shall ensure a Williams complaint form is available at each school. However, complainants need not use the District's complaint form in order to file a complaint.
The Superintendent or designee shall ensure that the District's complaint form specifies the location for filing a complaint and contains a space to indicate whether the complainant desires a response to the complaint. A complainant may add as much text to explain the complaint as desired.
The Superintendent or designee shall post in each classroom in each school a notice containing the components specified in Education Code 35186.
Filing of Complaint
A complaint alleging any condition(s) specified in the section "Types of Complaints" above shall be filed with the principal or designee at the school in which the complaint arises. A complaint about problems beyond the authority of the principal shall be forwarded to the Superintendent or designee in a timely manner, but not to exceed 10 working days. Complaints may be filed anonymously.
Investigation and Response
The principal or Superintendent’s designee shall make all reasonable efforts to investigate any problem within the principal’s authority. He/she shall remedy a valid complaint within a reasonable time period not to exceed 30 working days from the date the complaint was received.
If the complainant has indicated on the complaint form a desire to receive a response to the complaint, the principal or Superintendent's designee shall report the resolution of the complaint to the complainant within 45 working days of the initial filing of the complaint. If the principal makes this report, the information shall be reported at the same time to the Superintendent or designee.
When Education Code 48985 is applicable and the complainant has requested a response, the response shall be written in English and in the primary language in which the complaint was filed.
If a complainant is not satisfied with the resolution of the complaint, he/she has the right to describe the complaint to the Board of Education at a regularly scheduled meeting.
For any complaint concerning a facilities condition that poses an emergency or urgent threat to the health or safety of pupils or staff as described in item #3a in the section entitled “Types of Complaints”: above, a complainant who is not satisfied with the resolution proffered by the principal or superintendent or designee may file an appeal to the Superintendent of Public Instruction within 15 days of receiving the District’s response. The complainant shall comply with the appeal requirements specified in 5 CCR 4632.
All Complaints and written responses shall be public records.
Reports
The superintendent or designee shall report summarized data on the nature and resolution of all complaints to the Board and the County Superintendent of Schools on a quarterly basis. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. These summaries shall be publicly reported on a quarterly basis at a regularly scheduled Board meeting.
