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Required Notices

UNIFORM COMPLAINT PROCEDURES (UCP)

The Sutter County Superintendent of Schools Office (SCSOS) has the primary responsibility for compliance with federal and state laws and regulations.  We have established Uniform Complaint Procedures (UPS) to address allegations of unlawful discrimination, harassment, intimidation, bullying, and complaints alleging violation of state or federal laws governing educational programs, the charging of unlawful pupil fees and non-compliance of our Local Control and Accountability Plan (LCAP). 
 
SCSOS shall investigate all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group identified in Education Code section 200 and 220 and Government Code 11135, including any actual or perceived characteristics as set forth in Penal Code section 422.55 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 program or activity conducted by SCSOS. Read full SCSOS Annual Notification Letter here.
 

FAQ

1.) What is a UCP complaint?
A complaint under the Uniform Complaint Procedure (UCP) is a written and signed statement by an individual, public agency, or organization alleging a violation of federal or state laws governing certain education programs.
 
2.) What agencies are subject to UCP?
The UCP covers alleged violations by Local Educational Agencies (LEAs) (school districts, county offices of education, and charter schools) and local public or private agencies which receive direct or indirect funding from the State to provide any school programs, activities, or related services.  
 
3.) What educational programs are services and covered by UCP?
  • Adult Education
  • After School Education and Safety
  • Agricultural Career Technical Education
  • American Indian Education Centers and Early Childhood Education Program Assessments
  • Bilingual Education
  • California Peer Assistance and Review Programs for Teachers
  • Career Technical and Technical Education; Career Technical; Technical Training (State)
  • Career Technical Education (Federal)
  • Child Care and Development
  • Child Nutrition
  • Compensatory Education
  • Consolidated Categorical Aid
  • Course Periods without Educational Content
  • Economic Impact Aid
  • Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in a school district, and Pupils from Military Families
  • Every Student Succeeds Act / No Child Left Behind (Titles I-VII)
  • Local Control and Accountability Plans (LCAP)
  • Migrant Education
  • Physical Education: Instructional Minutes
  • Pupil Fees
  • Reasonable Accommodations to a Lactating Pupil
  • Regional Occupational Centers and Programs
  • School Safety Plans
  • Special Education
  • State Preschool
  • Tobacco-Use Prevention Education
 
4.) What issues are not covered by the UCP?
Not all complaints fall under the scope of the UCP. Many concerns are the responsibility of the LEA, including classroom assignments, common core, grades, graduation requirements, hiring and evaluation of staff, homework policies and practices, provision of core curricula subjects, student advancement and retention, student discipline, students’ records, The Bagley-Keene Open Meeting Act, the Brown Act, and other general education requirements. The LEA, however, may use its local complaint procedures to address complaints not covered by the UCP.

In addition, the following complaints are referred to other agencies for appropriate resolution and are not subject to the UCP:
  • Allegations of child abuse are referred to County Departments of Social Services, Protective Services Divisions, or appropriate law enforcement agency.
  • Health and safety complaints regarding a Child Development Program are referred to the Department of Social Services for licensed facilities, and to the appropriate Child Development regional administrator for licensing-exempt facilities.
  • Employment complaints are sent to the California Department of Fair Employment and Housing.
  • Allegations of fraud are referred to the responsible Division Director at the California Department of Education (CDE).
 

RESOURCES

AR 1312.3 Uniform Complaint Procedure

SP 1312.3 Uniform Complaint Procedure

BP-E 1312.3 Uniform Complaint Procedure to file a complaint

5145.3 SP Nondiscrimination Harassment

5145.2 AR Nondiscrimination Harassment

 

 

WILLIAMS COMPLAINT

A Williams Complaint, another type of UCP complaint, regards instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment and may be filed anonymously.  Williams Complaints are filed with the principal, or their designee, of the school in which the complaint arises.  Schools have complaint forms available for these types of complaints, but will not reject a complaint if the form is not used as long as the complaint is submitted in writing.  If a Williams Complaint requirement is allegedly not being met, a Williams Complaint for may be obtained at a school office, an agency or district office, or county office of education. 
 

RESOURCES

AR-E 1312.4 Williams Complaint Notice to Parents/Guardians, Students, and Teachers
 

WILLIAMS COMPLAINT POINT OF CONTACT

Brian Gault
Assistant Superintendent of Educational Services
530-822-2947

TITLE IX

Title IX Law: Discrimination & Harassment – Know Your Rights
 
Student Rights under Title IX

Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular,  research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance. Relevant here, Title IX requires school districts to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

 

Title IX Coordinator

Kathy Mercier, Director of Human Resources, is Title IX Coordinator for the Sutter County Superintendent of Schools office and can be reached by email or by phone at (530) 822- 2904.  

 
Student Rights Pursuant to Education Code Section 221.8

Education Code section 221.8 provides as follows:

The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C § 1681 et seq.), may be used by the department for purposes of Section 221.6:

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
  2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
  4. You have the right to apply for athletic scholarships.
  5. You have the right to receive equitable treatment and benefits in the provision of all of the following:
    • Equipment and supplies
    • Scheduling of games and practices
    • Transportation and daily allowances
    • Access to tutoring
    • Coaching
    • Locker rooms
    • Practice and competitive facilities
    • Medical and training facilities and services
    • Publicity
  6. You have the right to have access to the Title IX coordinator to answer questions regarding gender equity laws.
  7. You have the right to contact the State Department of Education and California Interscholastic Federation to access information on gender equity laws.
  8. You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex/gender.
  9. You have the right to pursue civil remedies if you have been discriminated against.
  10. You have the right to be protected against retaliation if you file a discrimination complaint.

 

Filing a Title IX Complaint with the Sutter County Superintendent of Schools Office

Student complaints shall be submitted in written form in accordance with Superintendent Policy 4144 and Administrative Regulation 1312.3.  If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so.Complaints must be filed within six months from the date when the alleged unlawful discrimination occurred, or from the date the complainant first obtained knowledge of the facts of the alleged.

 
 
 

Resources

 

UNIFORM COMPLAINT PROCEDURES (UCP) POINT OF CONTACT

Brian Gault
Assistant Superintendent of Educational Services
530-822-2947