Uniform Complaint Policy
El Camino Real Charter High School (“ECRCHS” or the “Charter School”) and any charter schools operated thereunder comply with applicable federal and state laws and regulations. ECRCHS acts as the local agency primarily responsible for compliance with federal and state laws and regulations governing educational programs. Pursuant to this policy, persons responsible for compliance and/or conducting investigations shall be knowledgeable about the laws and programs which they are assigned to investigate.
Scope
This complaint procedure is adopted to provide a uniform system of complaint processing (“UCP”) for the following types of complaints:
- Complaints alleging unlawful discrimination, harassment, intimidation or bullying against any protected group, on the basis of the actual or perceived characteristics of age, ancestry, color, mental disability, physical disability, ethnic group identification, immigration status, citizenship, gender expression, gender identity, gender, genetic information, nationality, national origin, race or ethnicity, religion, medical condition, marital status, sex, or sexual orientation, 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 ECRCHS program or activity;
- Complaints alleging a violation of state or federal law or regulation governing the following programs:
- Accommodations for Pregnant, Parenting or Lactating Students
- Adult Education Programs
- Consolidated Categorical Aid Programs
- Migrant Education Programs
- Career Technical and Technical Education and Career Technical and Technical Training Programs
- Child Care and Development Programs
- Education of Students in Foster Care, Students who are Homeless, former Juvenile Court Students now enrolled in a public School, Migratory Children and Children of Military Families
- Every Student Succeeds Act / No Child Left Behind Act (2001) Programs
- Regional Occupational Centers and Programs and/or
- School Safety Plans
- Complaints alleging that a pupil enrolled in a public school was required to pay a pupil fee for participation in an educational activity as those terms are defined below.
- “Educational activity” means an activity offered by the charter school that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.
- “Pupil fee” means a fee, deposit or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 of the Education Code and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. 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 or 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, uniform or other materials or equipment.
- A purchase that a pupil is required to make to obtain materials, supplies, equipment or uniforms associated with an educational activity.
- A pupil fees complaint and complaints regarding local control and accountability plans (“LCAP”) only, may be filed anonymously (without an identifying signature), if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with Education Code Sections 52060 - 52077, including an allegation of a violation of Education Code Sections 47606.5 or 47607.3, as referenced in Education Code Section 52075, regarding local control and accountability plans.
- If ECRCHS finds merit in a pupil fees complaint or the California Department of Education (“CDE”) finds merit in an appeal, ECRCHS shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by ECRCHS to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board.
- Nothing in this Policy shall be interpreted to prohibit solicitation of voluntary donations of funds or property, voluntary participation in fundraising activities, or ECRCHS and other entities from providing pupils prizes or other recognition for voluntarily participating in fundraising activities.
- Complaints alleging noncompliance with the requirements governing the Local Control Funding Formula (“LCFF”) or LCAP under Education Code Sections 47606.5 and 47607.3, as applicable. If ECRCHS adopts a School Plan for Student Achievement in addition to its LCAP, complaints of noncompliance with the requirements of the School Plan for Student Achievement under Education Code Sections 64000, 64001, 65000 and 65001 shall also fall under this Policy.
- Complaints alleging noncompliance regarding child nutrition programs established pursuant to Education Code Sections 49490-49590 are governed by Title 7, Code of Federal Regulations (“C.F.R.”) Sections 210.19(a)(4), 215.1(a), 220.13(c), 225.11(b), 226.6(n), and 250.15(d) and Title 5, California Code of Regulations (“C.C.R.”) Sections 15580 - 15584.
- Complaints alleging noncompliance regarding special education programs established pursuant to Education Code Sections 56000-56865 and 59000- 59300 are governed by the procedures set forth in 5 C.C.R. Sections 3200-3205 and 34 C.F.R. Sections 300.151-300.153.
Compliance Officer
The Board of Directors designates the following compliance officer to receive and investigate complaints and to ensure ECRCHS's compliance with law:
Director of Human Resources
5440 Valley Circle Blvd.
Woodland Hills, CA 91367
818-595-7500
The Compliance Officer (“CO”) or designee shall ensure that employees designated to investigate complaints are knowledgeable about the laws and programs for which they are responsible. Designated employees may have access to legal counsel as determined by the CO.
Should a complaint be filed against the CO, the compliance officer for that case shall be the Chair of the El Camino Real Alliance Board of Directors.
Additional Information
- If a UCP complaint is filed directly with the CDE and the CDE determines that it merits direct intervention, the CDE shall complete an investigation and provide a written decision to the complainant within sixty (60) calendar days of receipt of the complaint, unless the parties have agreed to extend the timeline or the CDE documents exceptional circumstances and informs the complainant.
- The complainant has a right to appeal ECRCHS’s decision to the CDE by filing a written appeal within thirty (30) calendar days of the date of ECRCHS’s decision, except if ECRCHS has used its UCP to address a complaint that is not subject to the UCP requirements.
- A complainant who appeals ECRCHS’s decision on a UCP complaint to the CDE shall receive a written appeal decision within sixty (60) calendar days of the CDE’s receipt of the appeal, unless extended by written agreement with the complainant or the CDE documents exceptional circumstances and informs the complainant.
- If ECRCHS finds merit in a UCP complaint, or the CDE finds merit in an appeal, ECRCHS shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected student and/or parent/guardian as applicable.
- ECRCHS will advise the complainant of any civil law remedies that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable, and of the appeal pursuant to Education Code Section 262.3.
- Copies of ECRCHS’s UCP shall be available free of charge.