Complaints

Laguna Beach Unified School District 
ANNUAL NOTIFICATION OF THE UNIFORM COMPLAINT PROCEDURES (UCP)

For students, employees, parents/guardians, school and district advisory committee members, appropriate private school officials, and other interested parties.

The Laguna Beach Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation, and bullying, and complaints alleging violation of state or federal laws governing educational programs and the charging of unlawful pupil fees.

The Laguna Beach Unified School District shall investigate all allegations of unlawful discrimination, harassment, intimidation or bullying against any protected group as identified in Education Code section 200 and 220 and Government Code section 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 the LEA, which is funded directly by, or that receives or benefits from any state financial assistance.

The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in:

• Adult Education
• Consolidated Categorical Aid Programs
• Legal requirements related to the implementation of the Local Control and Accountability Plan
• Career Technical and Technical Education and Training Programs
• Child Nutrition Programs
• Special Education Programs
• Safety Planning Requirements

A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local UCP. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.

A pupil fee includes, but is not limited to, all of the following:

1. 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.
2. 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.
3. A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.

A pupil fee complaint shall not be filed later than one year from the date the alleged violation occurred.

Complaints other than complaints relating to pupil fees must be filed in writing with the following compliance officer:

Michael Conlon
Assistant Superintendent
Human Resources 
550 Blumont Street
Laguna Beach, CA 92651

*Complaints of noncompliance with laws relating to pupil fees are filed with a principal of a school. A complaint regarding pupil fees may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance with laws relating to pupil fees.

Complaints alleging discrimination, harassment, intimidation, or bullying, must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying, occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee.

Complaints will be investigated and a written Decision or report will be sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) day time period may be extended by written agreement of the complainant. The LEA person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted under section 4621. 

The complainant has a right to appeal the Laguna Beach Unified School District’s Decision to the California Department of Education (CDE) by filing a written appeal within 30 days of receiving the Laguna Beach Unified School District’s Decision. The appeal must include a copy of the complaint filed with the Laguna Beach Unified School District and a copy of the LEA’s Decision.

Civil law remedies may be available under state or federal discrimination, harassment, intimidation, or bullying laws, if applicable. In appropriate cases, an appeal may be filed pursuant to Education Code Section 262.3. A complainant may pursue available civil law remedies outside of the Laguna Beach Unified School District’s complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders.

The Governing Board is committed to providing equal opportunity for all individuals in education. District programs, activities, and practices shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital, pregnancy, or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.

If you believe you have been subjected to discrimination, harassment, intimidation, or bullying, contact the school site Principal and/or the Title IX Coordinator listed below. Please visit LBUSD’s complaint policy page for additional information.

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 the Laguna Beach Unified School District to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

Title IX Coordinator

In the event of a complaint regarding gender equity or sexual harassment, or discrimination, including harassment, intimidation and bullying because of actual or perceived disability, sex, gender, gender identity, gender expression, nationality, race, ethnicity, color, ancestry, religion, sexual orientation, age, marital or parental status, or association with a person or group with one or more of these actual or perceived characteristics, contact the Title IX and Nondiscrimination Coordinator:

Michael Conlon
Assistant Superintendent
Human Resources
550 Blumont St.
Laguna Beach, CA 92651
(949) 497-7700 ext. 5219

Filing a Title IX Complaint

Student complaints shall be submitted in written form in accordance with Board Policy 1312 - Uniform Complaint Procedures. If the complainant is unable to prepare the complaint in writing, administrative staff shall help them 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 discrimination, harassment, intimidation, or bullying that is based on sex. The time for filing may be extended up to 90 days by the Superintendent or the Superintendent’s designee, for good cause, upon written request by the complainant setting forth the reasons for the request for an extension of time to file a written complain

All complaints shall be appropriately investigated in a timely manner. Within 10 business days after the compliance officer receives the complaint, the compliance officer, or designee, shall begin an investigation into the complaint. The investigation shall include an opportunity for the complainant, or the complainant’s representative, or both, to present the compliance officer, or designee, with any evidence, or information leading to evidence, to support the allegations in the complaint. LBUSD shall issue a written decision based on the evidence within 60 calendar days from receipt of the written complaint by LBUSD.

Any complainant who is dissatisfied with LBUSD’s final written decision may file an appeal in writing with the California Department of Education within 15 calendar days of receiving LBUSD’s decision.

Complaints made by or on behalf of students may also be filed with the U.S. Department of Education, Office of Civil Rights within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by the Office of Civil Rights for good cause shown under certain circumstances.

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. Sec. 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:
   1. Equipment and supplies
   2. Scheduling of games and practices
   3. Transportation and daily allowances
   4. Access to tutoring
   5. Coaching
   6. Locker rooms
   7. Practice and competitive facilities
   8. Medical and training facilities and services
   9. Publicity
6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws.
7. You have the right to contact the State Department of Education and the 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.
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.

Additional Resources

California Department of Education’s Office for Equal Opportunity

LBUSD NON-DISCRIMINATION BOARD POLICY

The new Title IX team and process for K-12 districts

United States Department of Education Office for Civil Rights

United States Department of Education Office for Civil Rights COMPLAINT FORM 

NOTICE TO PARENTS/GUARDIANS AND PUPILS:

Pupil Fees

The Laguna Beach Unified School District Governing Board is committed to providing equal opportunity for all individuals in education. Per CA Education Code, Sections 49010 - 49011, a pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.

• "Educational activity" is defined as an activity offered by a school, school district, charter school or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities.
• "Pupil fee" is defined as a fee, deposit or charge imposed on pupils, or a pupil's parents or guardians, including but not limited to:
  • 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.

The Board designates the Director of Human Resources and Public Communications as the Compliance Officer designated to receive and investigate complaints and ensure District compliance with state and federal laws and regulations including Pupil Fees. The Compliance Officer may designate another District administrator to investigate complaints. If you have a complaint, you are to submit it in writing to:

Michael Conlon
Assistant Superintendent
Human Resources
550 Blumont Street
Laguna Beach, CA 92651

If you have any additional questions regarding the process, please contact Human Resources at (949) 497-7700.

LBUSD Pupil Fee Uniform Complaint Form (AB 1575)

Pupil Fees Brochure

Laguna Beach Unified School District

Uniform Complaint Procedures (UCP)

This document contains rules and instructions about the filing, investigation and resolution of a Uniform Complaint Procedures (UCP) complaint regarding an alleged violation by a local educational agency of federal or state laws or regulations governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying and noncompliance with laws relating to pupil fees.

This document presents information about how the Laguna Beach Unified School District processes UCP complaints concerning particular programs or activities in which we receive state or federal funding. A complaint is a written and signed statement by a complainant alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, bullying and charging pupil fees for participation in an educational activity. A complainant is any individual, including a person's duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of federal or state laws or regulations, including allegations of unlawful discrimination, harassment, intimidation, bullying and noncompliance with laws relating to pupil fees. If the complainant is unable to put the complaint in writing, due to a disability or illiteracy, Laguna Beach Unified School District shall assist the complainant in the filing of the complaint.

Programs and activities that are subject to the UCP in which Laguna Beach Unified School District receives state or federal funding are:

• Adult Education
• Consolidated Categorical Aid Programs
• The Local Control and Accountability Plan (LCAP)
• Career Technical and Technical Education and Training Programs
• Child Nutrition Programs
• Special Education Programs
• Safety Planning Requirements

A pupil fee is a fee, deposit, or other charge imposed on pupils, or a pupil's parents or guardians, in violation of state codes and constitutional provisions 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. Educational activities are those offered by a school, school district, charter school, or county office of education that constitute a fundamental part of education, including, but not limited to, curricular and extracurricular activities.

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, 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.

This document also applies to the filing of complaints which allege unlawful discrimination, harassment, intimidation, and bullying against any protected group as identified under Education Code section 200 and 220 and Government Code section 11135, including those with actual or perceived characteristics as set forth in Penal Code section 422.55 or on the basis or 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 the LEA, which is funded directly by, or that receives or benefits from any state financial assistance.

The following complaints shall be referred to other agencies for appropriate resolution and are not subject to our UCP process set forth in this document unless these procedures are made applicable by separate interagency agreements:

• Allegations of child abuse shall be referred to County Dept of Social Services (DSS), Protective Services Division or appropriate law enforcement agency.
• Health and safety complaints regarding a Child Development Program shall be referred to Dept of Social Services for licensed facilities, and to the appropriate Child Development regional administrator for licensing-exempt facilities.
• Employment discrimination, harassment, intimidation or bullying complaints shall be sent to the State Dept of Fair Employment and Housing (DFEH).
• Allegations of fraud shall be referred to the Legal, Audits and Compliance Branch in the California Department of Education (CDE).

The responsibilities of the Laguna Beach Unified School District

Laguna Beach Unified School District has the primary responsibility to insure compliance with applicable state and federal laws and regulations. We shall investigate complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination, harassment, intimidation, bullying and charging pupil fees for participation in an educational activity and seek to resolve those complaints in accordance with our UCP procedures.

In regards to complaints of noncompliance with laws relating to pupil fees, if the Laguna Beach Unified School District finds merit in a pupil fees complaint a remedy shall be provided to affected pupils, parents, and guardians that, where applicable, will include reasonable efforts by the Laguna Beach Unified School District to ensure full reimbursement to all affected pupils, parents, and guardians.

Our UCP policies shall ensure that we will attempt in good faith by engaging in reasonable efforts to identify and fully reimburse all pupils, parents and guardians who paid a pupil fee within one year prior to the filing of the complaint.

Our UCP policies shall ensure that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, and bullying remains confidential as appropriate.

The person responsible for receiving and investigating complaints and ensuring our compliance with state and federal laws and regulations is:

Assistant Superintendent, Human Resources
Laguna Beach Unified School District
550 Blumont Street
Laguna Beach, CA 92651
(949) 497-7700

We ensure that the person above, who is responsible for compliance and/or investigations, is knowledgeable about the laws/programs that he/she is assigned to investigate. Complaints of noncompliance with laws relating to pupil fees are filed with a principal of a school.

We shall ensure annual dissemination of a written notice of the LEA's complaint procedures to students, employees, parents or guardians of its students, school and district advisory committees, appropriate private school officials or representatives, and other interested parties that includes information regarding unlawful pupil fees. The UCP Annual Notice will be provided in writing to all of the six required groups each year and will include information on how to appeal to the CDE. An appeal is a request made in writing to a level higher than the original reviewing level by an aggrieved party requesting reconsideration or a reinvestigation of the lower adjudicating body's decision.

The notice shall also include information regarding the requirements of Education Code sections 49010 through 49013 relating to pupil fees. This notice shall be in English, and when necessary, in the primary language, pursuant to Education Code section 48985, or mode of communication of the recipient of the notice.

A copy of this UCP complaint policies and procedures document shall be available free of charge.

Complainants are advised that civil law remedies, including, injunctions, restraining orders, or other remedies or orders may also be available at any time. Complainants have the right to pursue civil law remedies under state or federal discrimination, harassment, intimidation or bullying laws. We shall make this information available in informational materials.

Filing a complaint with the Laguna Beach Unified School District

Except for Williams Complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancies or misassignments, and complaints that allege discrimination, harassment, intimidation, and bullying, any individual, public agency or organization may file a written complaint with the Laguna Beach Unified School District office of the Director of Human Resources and Public Communications alleging a matter which, if true, would constitute a violation by our LEA of federal or state law or regulation governing a program. A complaint of noncompliance with laws relating to pupil fees may be filed with the principal of a school under the Uniform Complaint Procedures and may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with laws relating to pupil fees.

A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred.

An unlawful discrimination, harassment, intimidation or bullying complaint shall be filed no later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying.

The time for filing a discrimination, harassment, intimidation or bullying complaint may be extended in writing by our district superintendent or his or her designee, upon written request by the complainant setting forth the reasons for the extension. The period for filing a discrimination, harassment, intimidation or bullying complaint may be extended by our superintendent or his or her designee for good cause for a period not to exceed 90 calendar days following the expiration of the six month time period. Our superintendent shall respond immediately upon a receipt of a request for extension.

The complaint shall be filed by one who alleges that he or she has personally suffered unlawful discrimination, harassment, intimidation, and bullying or by one who believes an individual or any specific class of individuals has been subjected to discrimination, harassment, intimidation, and bullying prohibited by this part.

An investigation of a discrimination, harassment, intimidation, and bullying complaint shall be conducted in a manner that protects confidentiality of the parties and maintains the integrity of the process.

Except for Williams Complaints and Pupil Fees complaints, within 60 calendar days from the date of the receipt of the complaint, we shall conduct and complete an investigation of the complaint in accordance with our UCP policies and procedures and prepare a written Decision; also known as a final report. This time period may be extended by written agreement of the complainant.

The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the complaint(s) and evidence or information leading to evidence to support the allegations of non-compliance with state and federal laws and/or regulations.

Refusal by the complainant to provide the investigator with documents or other evidence related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in the dismissal of the complaint because of a lack of evidence to support the allegations.

Refusal by the Laguna Beach Unified School District to provide the investigator with access to records and/or other information related to the allegation in the complaint, or to otherwise fail or refuse to cooperate in the investigation or engage in any other obstruction of the investigation, may result in a finding based on evidence collected that a violation has occurred and may result in the imposition of a remedy in favor of the complainant.

We shall issue a Decision based on the evidence. The Decision shall be in writing and sent to the complainant within 60 calendar days from receipt of the complaint by the local educational agency. The Decision should contain:

(i) the findings of fact based on the evidence gathered,

(ii) conclusion of law,

(iii) disposition of the complaint,

(iv) the rationale for such disposition,

(v) corrective actions, if any are warranted,

(vi) notice of the complainant's right to appeal our LEA Decision to the CDE, and

(vii) procedures to be followed for initiating an appeal to the CDE.

Nothing in this document shall prohibit anyone involved in the complaint from utilizing alternative methods to resolve the allegations, such as mediation. Nor are we prohibited from resolving complaints prior to the formal filing of a written complaint.

Williams Complaint Notice

Notice to Parents, Guardians, Pupils, and Teachers

Pursuant to California Education Code Section 35186, you are hereby notified that:

There should be sufficient textbooks and instructional materials. That means each pupil, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home.

School facilities must be clean, safe, and maintained in good repair.

There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners if present.

1. 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.
2. Mis-assignment 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.
3. A complaint form may be obtained at the school office, district office, or downloaded from the school’s Web site at www.lbusd.org. You may also download a copy of the California Department of Education complaint form from the following Web site: http://www.cde.ca.gov/re/cp/uc.