Policy – Category 1000 (Community Relations)
BP 1002 – Uniform Complaint Procedures
discrimination unless the time for filing is extended by the superintendent, upon written request by the complainant setting forth the reasons for the extension.
• The complaint shall be filed by the one who alleges that he or she has personally suffered unlawful discrimination, or by one who believes an individual or any specific class of individuals has been subjected to discrimination. • The complaint shall be filed with the LEA director/superintendent or designee, unless the complainant requests direct intervention by the State Department of Education.
• An investigation of a discrimination complaint shall be conducted in a manner that protects confidentiality of the parties and the facts.
4.0
Filing a State Complaint
When the State Superintendent receives a complaint requesting direct state intervention, the superintendent shall determine whether the complaint meets one or more of the criterions specified in Section 4650 for direct state intervention and shall immediately notify the complainant by mail of his or her determination. If the complaint is not accepted, it shall be referred for local investigation. If a complaint is erroneously sent to the State Superintendent without LEA investigation, the State Superintendent shall immediately forward the complaint to the LEA for processing in accordance with local procedures unless circumstances require State Department intervention. The complainant shall be sent a letter to notify him, her, or them of 1) the transferred complaint, 2) the State request for LEA resolution, and 3) to advise of State Department appeal procedures. When direct state intervention is warranted pursuant to any provision of Section 4650, or when an appeal has been filed, the following procedures shall be used to resolve the issues of the complaint:
• The State Department shall offer to mediate the dispute which may lead to a state mediation agreement, and
• The State Department shall conduct an on-site investigation if either the LEA or the complainant waives the mediation process, or the mediation fails to resolve the issues. If the complaint involves several issues, nothing shall prohibit the parties from agreeing to mediate some of the issues while submitting the remainder for State Department investigation. Mediation shall be conducted within the 60-day timeline. Mediation shall
BP 1002 – Uniform Complaint Procedures
Page 4
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/07)
Made with FlippingBook interactive PDF creator