Uniform Complaint Procedures
The governing board recognizes that the district has primary responsibility for ensuring compliance with state and federal laws and regulations governing educational programs. The district shall investigate and seek to resolve complaints at the local level. The district shall follow uniform complaint procedures when addressing complaints alleging unlawful discrimination based on religion, age, gender, color, sex, sexual orientation, ethnic group identification, race, ancestry, national origin, or physical or mental disability in any program or activity that receives or benefits from state financial assistance. The district shall also follow uniform complaint procedures when addressing complaints alleging failure to comply with state or federal laws including adult basic education, consolidated categorical aid programs, vocational education, child care and development programs, child nutrition programs and special education programs.
The board encourages the early, informal resolution of complaints at the site level whenever possible
Uniform Complaint Procedures
The Upland Unified School District annually notifies its students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials, and other interested parties of the Uniform Complaint Procedures (UCP) process.
The Upland Unified School District is primarily responsible for compliance with federal and state laws and regulations, including those relating to unlawful discrimination, harassment, intimidation or bullying against any protected group, and all programs and activities that are subject to the UCP in:
- Adult education
- Economic Impact Aid
- After-school education and safety
- Education of pupils in foster care, pupils who are homeless, and former juvenile court pupils now enrolled in a school district
- Agricultural vocational education
- English learner programs
- American Indian education centers and early childhood education program assessments
- Every Student Succeeds Act / No Child Left Behind (Titles I–VII)
- Bilingual education
- Local Control and Accountability Plans (LCAP)
- California peer assistance and review programs for teachers
- migrant education
- Career technical and technical education; career technical; technical training
- Physical education instructional minutes (for grades one through six)
- Career technical education
- Pupil fees
- Child care and development
- Reasonable accommodations for a lactating pupil
- Child nutrition
- Regional occupational centers and programs
- Compensatory education
- School safety plans
- Consolidated categorical aid
- Special education
- Course periods without educational content (for grades nine through twelve)
- State preschool
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, 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 fees complaint may be filed with the principal of a school or our superintendent or his or her designee. A pupil fees and/or an LCAP complaint may be filed anonymously; however, the complainant must provide evidence or information leading to evidence to support the complaint.
A pupil enrolled in a school in our district shall not be required to pay a pupil fee for participation in an educational activity.
A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred.
Upon receipt of a written complaint from an individual, public agency or organization, uniform complaint procedures shall be initiated. The superintendent or designee shall distribute full information about these procedures.
The board prohibits retaliation in any form for the filing of a complaint, the reporting of instances of discrimination, or for participation in complaint procedures. Such participation shall not in any way affect the status, grades, or work assignments of the complainant.
The board acknowledges and respects student and employee rights to privacy. Discrimination complaints shall be investigated in a manner that protects the confidentiality of the parties and the facts. This includes keeping the identity of the complainant confidential except to the extent necessary to carry out the investigation or proceedings, as determined by the superintendent or designee on a case-by-case basis.
The superintendent or designee shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Such employees may have access to legal counsel as determined by the superintendent or designee.
The governing board designates the following compliance officer to receive and investigate complaints and ensure district compliance with law:
Assistant Superintendent of Human Resources
390 N. Euclid Avenue
Upland, CA 91786
The superintendent or designee shall annually notify in writing, as applicable, its students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, and other interested parties of their local educational agency complaint procedures, including the opportunity to appeal to the California Department of Education. The notice shall include the identity (identities) of the person(s) responsible for processing complaints. The notice shall also advise the recipient of the notice of any civil law remedies that may be available, and of the appeal and review procedures. This notice shall be in English, and when necessary, in the primary language or mode of communication of the recipient of the notice.
The following procedures shall be used to address all complaints, which allege that the district has violated federal or state laws or regulations governing educational programs. The Compliance Officer shall maintain a record of each complaint and subsequent related actions, including:
- The original complaint
- A copy of the district decision
- A summary of the nature and extent of the investigation conducted by the district if not covered in the district decision
- A report of any action taken to resolve the complaint
- A copy of the district complaint procedures
- Such other relevant information
Appeals to the California Department of Education
If dissatisfied with the district's decision, the complainant may seek assistance through resources, i.e., Legal Aid Society of the WestEnd, Inland Counties Legal Services or Tel-Law General information. If unable to resolve the dispute via local remedies, the complainant may appeal in writing to the California Department of Education within 15 days of receiving the district’s decision. Other resources available include the Office of Civil Rights and the American Civil Liberties Union.
When appealing to the California Department of Education, the complainant must specify the reason(s) for appealing the district's decision and must include a copy of the locally filed complaint and the district's decision.