The Berkeley Unified School District has the 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 District that are subject to the Uniform Complaint Procedures (UCP). The District 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 the District’s governing board policies and procedures under the UCP, including allegations of retaliation for participation in the UCP process and/or to appeal District decisions regarding such complaints.
The UCP process may be used to address complaints alleging:
- Adult education (§§8500-8538, 52334.7, 52500-52617)
- After school education and safety (§§8482-8484.65)
- Agricultural career technical education (§§52460-52462)
- Compensatory education (§54400)
- Consolidated categorical aid programs [34 CFR §§299.10-12, §64000(a)]
- Migrant education (§§54440-54445)
- Career technical and technical education and career technical and technical training programs (§§52300-52462)
- Child care and development programs (§§ 8200-8498)
- Every Student Succeeds Act (20 United States Code §6301 et seq.; EC §52059)
- Discrimination, harassment, intimidation or bullying of protected groups identified under §§200 and 220 and §11135 of the Government Code, including any actual or perceived characteristic as set forth in §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 §210.3, that is funded directly by, or that receives or benefits from, any state financial assistance. (related to employee-to-student, student-to-student, student-to-employee, third party to student, employee-to-third party)
- Accommodations for pregnant and parenting pupils, including reasonable accommodations for lactating pupils (§§46015, 222)
- Educational and graduation rights of foster youth, homeless youth, and other youth (e.g., former juvenile court school pupils, pupils from military families, newcomers and migratory education students) (§§48645.7, 48853, 48853.5, 49069.5, 51225.1, 51225.2)
- Pupil Fees (§§49010-49013)
- Courses periods without educational content (§§51228.1-51228.3)
- Physical education instructional minutes (§51223)
- Local control and accountability plans (LCAP) (§52075)
- Regional occupational centers and programs (§§52300-52334.7)
- School plans for student achievement (§64001)
- School site councils (§65000)
- School safety plans (§§32280-32289)
- State preschools (§§8235-8239.1)
- Deficiencies related to preschool health and safety issues for a California state preschool program exempt from licensing (5 CCR §1596.7925, EC §8235.5); per public notices posted for applicable classrooms
- Any other state or federal educational program the State Superintendent of Public Instruction or designee deems appropriate
- And/or to appeal District decisions regarding such complaints.
The UCP may also be used to address complaints alleging retaliation against a complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to the regulations governing the UCP process. When an allegation that is not subject to the UCP is included in a UCP complaint, the District Civil Rights and Compliance Office will refer the non-UCP allegation to the appropriate staff or agency and shall work to resolve any UCP-related allegation(s) through the District’s UCP process. UCP brochures are available at all school sites in the primary languages of that school community free of charge. Complainants are encouraged, where possible, to try to resolve their complaints directly at the school or work site.
Uniform Complaint Procedures Overview
Uniform Complaint Procedures Form (PDF)
Uniform Complaint Procedures Form (Word Document)
Uniform Complaint Procedures Board Policy 1312.3
Uniform Complaint Procedures Administrative Regulation 1312.3
BUSD Law and Policy Guidance & Support
Any individual, including a person’s duly authorized representative, public agency, or organization may file a written complaint alleging a matter which, if true, would constitute a violation by the District of federal or state laws or regulations governing the programs and activities as well as allegations of unlawful discrimination identified above. UCP complaints may be walked in, emailed, or submitted in writing to:
Stephen Jimenez-Robb, Title IX Coordinator
Berkeley Unified School District
2020 Bonar Street, Suite 117
Berkeley, CA 94702
Phone: (510) 486-9338 | Email: firstname.lastname@example.org
Any complainant has the right to file a written complaint of unlawful discrimination, harassment, intimidation or bullying on the basis of a protected category within six months from the date the alleged incident occurred, or when the complainant first obtained knowledge/facts of the alleged incident. All other complaints regarding District programs, services or activities shall be filed no later than one year from the date the alleged violation occurred. For LCAP, the date of the alleged violation is the date when the reviewing authority approves the LCAP or annual update that was adopted by the District.
Any person with a disability or who is unable to prepare a written complaint can receive assistance from the Principal, Civil Rights Manager, or by calling the District Civil Rights and Compliance Office at (510) 486-9338.
The District assures confidentiality to the maximum extent possible. The District prohibits retaliation against anyone who files a complaint or anyone who participates in the complaint investigation process. Complainants are advised that civil law remedies may also be available to them.
The sixty (60) day timeline for the investigation and District response shall begin when the written complaint is received by the District Civil Rights and Compliance Office.
All Uniform Complaint Procedure complaint findings may be appealed within 30-days of receipt to the state at:
California Department of Education
1430 N Street
Sacramento, CA 95814