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Uniform Complaint Procedures Rights

 

UNIFORM COMPLAINT PROCEDURES RIGHTS

Notice to Parents, Guardians, Pupils, Employees/Applicants, and/or Community Members

It is the policy of the Burbank Unified School District to comply with the following:

    TITLE VI COMPLIANCE: Title VI of the Civil Right Act of 1964

     “No person…shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Education.”

TITLE IX COMPLIANCE: Title IX of the Education Amendments of 1972

     “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 education program or activity receiving Federal financial assistance.

SECTION 504 COMPLIANCE:  Section 504 of the Rehabilitation Act of 1973

     “No otherwise qualified individual with a disability…shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”  

     TITLE II OF THE ADA COMPLIANCE:  Title II of the Americans With Disabilities    ACT (ADA) of 1990

     “No otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in programs or activities sponsored by a public entity.”

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

                                                                                                    

The Burbank Unified School District annually notifies our its students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials, and other interested parties of the Uniform Complaint Procedures (UCP) process.

The Burbank Unified School District is primarily responsible for compliance with federal and state laws and regulations, including those related to unlawful discrimination, harassment, intimidation or bullying against any protected group, and all programs and activities that are subject to the UCP in:

 

     Adult Education

     Economic Impact Aid

     After School Education and Safety

     Education of Pupils in Foster Care, Pupils who are Homeless, and former Juvenile Court Pupils now enrolled in a school district

     Agricultural Vocational Education

     English Learner Programs

     American Indian Education Centers and Early Childhood Education Program Assessments

     Every Student Succeeds Act / No Child Left Behind (Titles I–VII)

     Bilingual Education

     Local Control and Accountability Plans (LCAP)

     California Peer Assistance and Review Programs for Teachers

     Migrant Education

     Career Technical and Technical Education; Career Technical; Technical Training

     Physical Education Instructional Minutes (for grades one through six)

     Career Technical Education

     Pupil Fees

     Child Care and Development

     Reasonable Accommodations to a Lactating Pupil

     Child Nutrition

     Regional Occupational Centers and Programs

     Compensatory Education

     School Safety Plans

     Consolidated Categorical Aid

     Special Education

     Course Periods without Educational Content (for grades nine through twelve)

     State Preschool

 

     Tobacco-Use Prevention Education

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 fees complaint may be filed with the principal of a school or our superintendent or his or her designee. A pupil fees and/or an LCAP complaint may be filed anonymously, however, the complainant must provide evidence or information leading to evidence to support the complaint.

 

A pupil enrolled in a school in our district shall not be required to pay a pupil fee for participation in an educational activity.
 

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

We shall post a standardized notice of the educational rights of pupils in foster care, pupils who are homeless, and former juvenile court pupils now enrolled in a school district as specified in EC Sections 48853, 48853.5, 49069.5, 51225.1, and 51225.2.  

STATE LAWS/DISTRICT POLICIES COMPLIANCE

State laws and District policies further provide that the District shall use the uniform complaint procedures to resolve any complaint alleging unlawful discrimination, harassment, intimidation, or bullying in District programs and activities based on actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Penal Code 422.55, or Government Code 11135, or based on association with a person or group with one or more of these actual or perceived characteristics.

Parents, guardians, pupils, employees/applicants and/or community members who feel that they have a complaint with the Burbank Unified School District that concerns a matter of unlawful discrimination should contact:

Uniform Complaint Procedures                                      Title IX Coordinator

John Paramo at (818) 729-4451                                       John Paramo at (818) 729-4451

Title II ADA, Section 504 Compliance Officer                Title VI Coordinator

Tamara Schiern at (818) 729-4449                                   Tom Kissinger at (818) 729-4401

 

Complaints will be investigated and a written report with a Decision will be sent to the complainant within sixty (60) days from the receipt of the complaint. This time period may be extended by written agreement of the complainant. The person responsible for investigating the complaint shall conduct and complete the investigation in accordance with our UCP policies and procedures.
 

The complainant has a right to appeal our Decision of complaints regarding specific programs and activities subject to the UCP, pupil fees and the LCAP to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving our Decision. The appeal must be accompanied by a copy of the originally-filed complaint and a copy of our Decision.

 

We advise any complainant of civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable.

 

Copies of our Uniform Complaint Procedures process shall be available free of charge.

The Burbank Unified School District is committed to equal opportunity for all individuals in education. District programs and activities shall be free from discrimination based on disability, gender, gender identity, gender expression, genetic information, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

 

 

Uniform Complaint Procedure

Office Of Civil Rights 

Michael Loez, Regional Manager
Office for Civil Rights
U.S. Department of Health and Human Services 
90 7th Street, Suite 4-100
San Francisco, CA 94103 
Customer Response Center: (800) 368-1019
Fax: (202) 619-3818
TDD: (800) 537-7697