Community Relations - Williams Uniform Complaint Procedures
E(1) 1312.4
Note: Education Code 35186 requires that the following notice be posted in each classroom in each school/program run by the county office of education. Education Code 35186 also requires that the notice be addressed to students and teachers as well as parents/guardians.
During its Categorical Program Monitoring (CPM) process (formerly the Coordinated Compliance Review), California Department of Education (CDE) staff will check to ensure that a notice is placed in each classroom in each school/program and that the notice contains items #1-4 below.
NOTICE TO PARENTS/GUARDIANS, STUDENTS, AND TEACHERS:
COMPLAINT RIGHTS
Parents/Guardians, Students, and Teachers:
Education Code 35186 requires that the following notice be posted in each classroom/program:
There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials, each student, including English learners, must have a textbook or instructional material, or both, to use in class and to take home.
School facilities must be clean, safe, and maintained in good repair. Good repair means that the facility is maintained in a manner that assures that it is clean, safe and functional as determined by the Office of Public School Construction.
There should be no teacher vacancies or misassignments as defined in Education Code 35186(h)(2) and (3).
Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.
Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester.
Note: Education Code 35186 requires that the notice inform parents/guardians of the location to obtain a complaint form when there is a shortage and provides that posting a notice downloadable from the CDE’s website will satisfy this requirement. The law does not require that complaint forms be placed in any specific location. The following paragraph lists locations where complaint forms may be available and should be modified to reflect county office practice.
4. To file a complaint regarding any of the above matters, complaint forms can be obtained at the principal/program administrator’s office or the county office, or can be downloaded from the county office’s or California Department of Education’s website.
COMPLAINT FORM: WILLIAMS UNIFORM COMPLAINT PROCEDURES
Note: Education Code 35186 creates a procedure for the filing of complaints concerning deficiencies in textbooks or instructional materials, teacher vacancy or misassignment, and maintenance of facilities. The following form contains elements required by Education Code 35186 and 5 CCR 4681, 4682, and 4683, as added by Register 2005, No. 52. In addition, during the Categorical Program Monitoring (CPM) process (formerly the Coordinated Compliance Review), California Department of Education (CDE) staff will check to ensure that the complaint form includes all of the elements specified below.
Complaints may be filed anonymously. However, if you wish to receive a response to your complaint, you must provide the contact information below.
Response requested? Yes No
Contact Information:
Name:
Address:
Phone Number: Day: Evening:
E-mail address, if any:____________________________
Location of the problem that is the subject of this complaint:
School/Program:
Course title/grade level and teacher name:
Room number/name of room/location of facility:
Date problem was observed:
Only the following issues may be the subject of this complaint process. If you wish to complain about an issue not specified below, please use the appropriate county office complaint procedure.
Specific issue(s) of the complaint: (Please check all that apply: A complaint may contain more than one allegation.)
1. Textbooks and instructional materials: (Education Code 35186; 5 CCR 4681)
A student, including an English learner, does not have standards-aligned textbooks or instructional materials or state- or County Office-adopted textbooks or other required instructional materials to use in class.
A student does not have access to instructional materials to use at home or after school. This does not require two sets of textbooks or instructional materials for each student.
Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
A student was provided photocopied sheets from only a portion of a textbook or instructional materials to address a shortage of textbooks or instructional materials.
2. Teacher vacancy or misassignment: (Education Code 35186; 5 CCR 4681)
A semester begins and a teacher vacancy exists. A teacher vacancy is a position to which a single designated certificated employee has not been assigned at the
beginning of the school year for an entire year or, if the position is for a one-semester course, a position of which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester.
A teacher lacking credentials or training to teach English learners is assigned to teach a class with more than 20% English learners in the class.
A teacher is assigned to teach a class for which the teacher lacks subject matter competency.
3. Facility conditions:
A condition exists that poses an emergency or urgent threat to the health or safety of students or staff as defined in BP 1312.4.
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Copyright 2006 by California School Boards Association, West Sacramento, California 95691