Nondiscrimination in Public Schools

1. Prohibition of Discrimination, Harassment, Intimidation, and Bullying in California Public Schools
   
   
   1. The following information describes where and how to file a complaint of discrimination, harassment, intimidation, and/or bullying based on a protected class.
      
      
   2. The California Code of Regulations, Title 5 (5 CCR), Section 4600 et seq., https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I3446B9504C6911EC93A8000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default), establishes Uniform Complaint Procedures (UCP) to be followed for complaints of discrimination, harassment, intimidation, and/or bullying based on a protected class. The regulations require:
      
      
1. The local educational agency (LEA), which consists of local school districts, county offices of education, or charter schools, to adopt policies and procedures that are consistent with 5 CCR, sections 4600–4670.
2. The LEA’s complaint procedures should be published in the student handbook. If not, contact the LEA and request a copy of the nondiscrimination policy and complaint procedures.
3. The complaint must first be filed with the LEA; follow the directions, steps, and timelines in the LEA’s complaint procedures; if there are questions about the procedures, ask for the name of the person responsible for handling discrimination, harassment, intimidation, and/or bullying complaints; contact the person for questions and clarification.
4. The complaint must be written and signed and can be filed by students, parents, and/or interested parties or organizations; it must be filed within six months from the date of the alleged discrimination, harassment, intimidation, and/or bullying; or when knowledge of the facts were first acquired.
5. The LEA has 60 days to complete an investigation into the allegations and prepare a final written investigation report that is to be sent to the person(s) that filed the complaint; during this process, an opportunity to submit evidence is provided. If the investigation and report are not completed in 60 days, you may contact the California Department of Education (CDE).
6. If all the steps of the LEA complaint procedures have been followed and there is disagreement with the investigation report, an appeal to the CDE can be made; an appeal must be filed within 30 days from the date of the LEA’s investigation report on the complaint.
   
   

3. For questions or assistance to submit an Education Equity UCP appeal, please contact:
   
   
   1. The California Department of Education, Education Equity UCP Office by mail at 1430 N Street, Suite 5319, Sacramento, CA 95814; telephone: 916-319-8239; facsimile: 916-319-0966; or e-mail at eeucpo@cde.ca.gov.
   2. The CDE Education Equity UCP Office Web site at: https://www.cde.ca.gov/re/di/eo/index.asp.
      
      
4. An appeal to the CDE must:
   
   
1. Be in writing.
2. Include a copy of the original complaint file with the LEA and the LEA's investigation report.
3. Specifiy and explain the basis for the appeal including one of the following:
   • The LEA failed to follow its complaint procedures.
   • Relative to the allegations of the complaint, the LEA investigation report lacks material findings of fact necessary to reach a conclusion of law.
   • The material findings of fact to reach a conclusion in the LEA investigation report are not support by substantial evidence.
   • The legal conclusion in the LEA investigation report is inconsistent with the law.
   • The corrective actions fail to provide a proper remedy.
     
     
5. Unless requested by the CDE, do not include additional evidence from the parties that was not submitted to the LEA’s investigator during the investigation. If necessary, the CDE may request additional information from the parties.
   
   
6. CDE’s Appeal Procedures: When an appeal request is complete, the CDE obtains the LEA’s investigation file and determines whether:
   
   
   1. The LEA followed its complaint procedures.
   2. The LEA investigation report includes material findings of fact to reach a conclusion of law on the subject of appeal.
   3. The material findings of fact in the LEA investigation report are supported by substantial evidence.
   4. The LEA investigation report includes legal a conclusion(s) that is consistent with the law.
   5. In a case in which the LEA found noncompliance, the corrective actions provide a proper remedy.
      
      
7. If the CDE determines the LEA investigation report meets the criteria stated in subsection F, the appeal shall be denied.
   
   
8. The CDE may, if the CDE determines that the LEA investigation report does not meet the criteria stated in subsection F, return the Investigation Report to the LEA for further processing and instruct the LEA to provide the complainant and the CDE with an amended Investigation Report.
   
   
9. An appeal decision issued by the CDE shall include the following:
   
   
   1. A finding that the LEA complied or did not comply with its complaint procedures.
   2. The CDE's determinations as to the LEA's finding of fact and conclusions of law regarding the issue on appeal.
   3. Corrective actions as appropriate and including a remedy to the affect pupil.
      
      
10. Important information for pupils, parents, and/or others when filing a complaint of discrimination, harrassment, intimidation, and/or bullying with your LEA:
    
    
    1. Make sure the law applies to the situation you are complaining about; to constitute discrimination, harassment, intimidation, and/or bullying, the LEA’s actions must be based on one or more of the listed protected classes: disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, lactation, immigrant status, and/or LGBTQ; the LEA’s action must also adversely affect the student.
    2. Explain why it is discrimination, harassment, intimidation, and/or bullying based on a protected class; provide as much specific documentation and information as possible, including the names and contact information of any witnesses. Evidence that could have been submitted to the LEA during the investigation may not be considered by the CDE on appeal.
    3. Explain what you would like to have happen as a result of the complaint; give your name, address, and telephone numbers where you can be reached.
       
       
11. If you would like additional information or have concerns, please contact the CDE's Office of Educational Equity in writing at the email address listed above.