Uniform Complaint Procedures (UCP)
SIATech has the primary responsibility to ensure compliance with applicable state and federal laws and regulations and shall investigate complaints alleging failure to comply with those laws and regulations, including but not limited to allegations of unlawful discrimination, harassment, intimidation, or bullying against any protected group or noncompliance with laws relating to all programs and activities implemented by the SIATech that are subject to the Uniform Complaint Procedures (UCP). SIATech shall seek to resolve those complaints of noncompliance pursuant to procedures in §§4600-4694 of Title 5 of the California Code of Regulations (CCR) and SIATech’s governing board policies and procedures under the UCP, including allegations of retaliation for participation in the UCP process and/or to appeal SIATech’s decisions regarding such complaints.
What is a UCP complaint?
A complaint under the Uniform Complaint Procedures (UCP) is a written and signed statement alleging a violation of federal or state laws governing certain educational programs.
What agencies are subject to the 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 specific school programs, activities, or related services.
How do I file a UCP complaint and how is it processed?
SIATech’s UCP complaint policies and procedures provide the information needed to file a local complaint. Each LEA must annually notify its students, employees, parents/guardians, school and district advisory committees, appropriate private school officials and other interested parties of the SIATech’s UCP complaint policies and procedures, and the opportunity to appeal the SIATech’s Investigation Report to the CDE. SIATech must provide their complaint policies and procedures free of charge.
What programs and activities are subject to the UCP?
- Accommodations for Pregnant and Parenting Pupils
- Adult Education
- After School Education and Safety
- Agricultural Career Technical Education
- Career Technical and Technical Education and Career Technical and Technical Training Programs
- Child Care and Development Programs
- Compensatory Education
- Consolidated Categorical Aid Programs
- Course Periods without Educational Content
- Discrimination, harassment, intimidation, or bullying against any protected group as identified under sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, 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 an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.
- Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families, pupils formerly in Juvenile Court now enrolled in a school district, pupils who are migratory, and pupils participating in a newcomer program.
- Every Student Succeeds Act
- 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 Plans for Student Achievement
- Schoolsite Councils
- State Preschool
- State Preschool Health and Safety Issues in LEAs Exempt from Licensing
What issues are not covered by the UCP?
Not all complaints fall under the scope of the UCP. Many concerns are the responsibility of SIATech, 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, student records, the Bagley-Keene Open Meeting Act, the Brown Act, and other general education requirements. SIATech, however, may use its local complaint procedures to address complaints not covered by the UCP.
Only allegations within the subject matters falling within the UCP can be appealed to the California Department of Education (CDE).
In addition, the following complaints are referred to other agencies for resolution and 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 licensed facilities operating a Child Development Program are referred to the Department of Social Services.
- Employment complaints are sent to the California Department of Fair Employment and Housing.
How do I file a UCP complaint and how is it processed?
SIATech’s UCP complaint policies and procedures provide the information needed to file a local complaint. SIATech must annually notify its students, employees, parents/guardians, school and district advisory committees, appropriate private school officials and other interested parties of the SIATech’s UCP complaint policies and procedures, and the opportunity to appeal the LEA’s Investigation Report to the CDE. SIATech must provide its complaint policies and procedures free of charge.
UCP complaints are to be submitted in writing to:
Dr. Delia Castillo, Ed.D.
Assistant Superintendent, Administrative Services
2611 Temple Heights Drive Suite A, Oceanside, CA 92056
562-474-0667
delia.castillo@siatech.org
CDE Charter School Notification Forms
The following documents provide information from the California Education Code (EC) Section 47605(e)(4)(A) through (E) which provide information for how to submit a complaint to the charter school authorizer. SIATech locations in Downtown LA and East LA should use the Acton-Agua Dulce Unified School District form below, and all other SIATech locations should choose the Vista Unified School District form.
Title IX
Title IX of the Education Amendments of 1972 (“Title IX”) is a federal law that was passed to ensure people, regardless of their sex, are treated equally and fairly. SIATech (“School”) does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.
Who is the Title IX Coordinator for School?
School has designated the following individual as its Title IX Coordinator:
Delia Castillo, Ed.D.
Assistant Superintendent
2611 Temple Heights Drive Suite A, Oceanside, CA 92056
562-747-0667
delia.castillo@siatech.org
How may I report or file a complaint of sex discrimination under Title IX?
To report information about conduct that may constitute sex discrimination under Title IX or make a complaint of sex discrimination under Title IX, please contact School’s Title IX Coordinator.
Otherwise, a sex discrimination complaint may be filed with the Office for Civil Rights:
San Francisco Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
(415) 486-5555
ocr.sanfrancisco@ed.gov
United States Department of Education Office for Civil Rights Complaint Form
United States Department of Education Office for Civil Rights Complaint Assessment System
Inquiries about the application of Title IX may be referred to the Title IX Coordinator or to the Office for Civil Rights, or both.
Is there a statute of limitations for filing an alleged incident of harassment or discrimination?
Consistent with School Uniform Complaint Procedures Policy (“UCP”), a complaint alleging unlawful discrimination, harassment, intimidation, or bullying must be filed no later than six (6) months from the date when the alleged unlawful discrimination, harassment, intimidation, or bullying occurred or the complainant first obtained knowledge of it. The time for filing may be extended by School for good cause upon written request from the complainant.
A report or complaint regarding sex discrimination as defined under Title IX is not subject to the six-month timeline in the UCP.
How are discrimination complaints investigated?
Complaints of sex-based discrimination under Title IX made with School are investigated in accordance with School’s Title IX Sex-Based Nondiscrimination Policy and Grievance Procedures, a copy of which is available on the website. All other complaints of discrimination are investigated under the UCP.
For federal guidance on how complaints may be further pursued, please see the following link: United States Department of Education Office for Civil Rights
Where can I get more information on the rights of a pupil and the public and the responsibilities of the public school under Title IX?
The following Internet resources are available to find more information regarding rights and responsibilities under Title IX:
California Department of Education Office of Equal Opportunity
United States Department of Education Office for Civil Rights
In addition, California law, like Title IX, prohibits discrimination on the basis of sex and affords individuals certain rights. You can access those rights here: Rights Afforded Under Education Code Section 221.8. Specifically, you have the right to (when applicable):
- Fair and equitable treatment and you shall not be discriminated against based on your sex.
- Be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
- Inquire of the athletic director of your school as to the athletic opportunities offered by the school.
- Apply for athletic scholarships.
- Receive equitable treatment and benefits in the provision of all of the following: (i) equipment and supplies; (ii) scheduling of games and practices; (iii) transportation and daily allowances; (iv) access to tutoring; (v) coaching; (vi) locker rooms; (vii) practice and competitive facilities; (viii) medical and training facilities and services; and (ix) publicity.
- Have access to a gender equity coordinator to answer questions regarding gender equity laws.
- Contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
- 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.
- Pursue civil remedies if you have been discriminated against.
- Be protected against retaliation if you file a discrimination complaint.