Filing a Uniform Complaint
A complaint under the Uniform Complaint Procedures (UCP) is a written and signed statement by an individual, public agency, or organization alleging a violation of federal or state laws governing educational programs, including allegations of unlawful discrimination, harassment, intimidation, bullying, and failure to comply with laws relating to pupil fees. Discrimination, harassment, intimidation and bullying complaints must be filed with the local educational agency (LEA) (school district or county office of education) by a person harmed or by a person on behalf of others who have been subjected to discrimination. These complaints must be filed no later than six months from the date of the occurrence, or from the time the complainant first learned of the facts of the discrimination, harassment, intimidation and bullying. The LEA must protect the confidentiality of the parties and facts related to the case.
The district’s uniform complaint procedures (UCP) shall be used to investigate and resolve complaints regarding the following programs and activities:
•Accommodations for pregnant and parenting students
•Adult education programs
•After School Education and Safety programs
•Agricultural career technical education
•Career technical and technical education and career technical and technical training programs
•Child care and development programs
•Compensatory education
•Consolidated categorical aid programs
•Course periods without educational content
•Discrimination, harassment, intimidation, or bullying in district programs and activities, including in those programs or activities funded directly by or that receive or benefit from any state financial assistance, based on the person’s actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on the person’s association with a person or group with one or more of these actual or perceived characteristics
•Educational and graduation requirements for students in foster care, homeless students, students from military families, students formerly in a juvenile court school
•Every Student Succeeds Act
•Local Control and Accountability Plan
•Migrant education
•Physical education instructional minutes
•Student fees
•Reasonable accommodations to a lactating student
•Regional occupational centers and programs
•School plans for student achievement as required for the consolidated application for specified federal and/or state categorical funding
•School safety plans
•School site councils as required for the consolidated application for specified federal and/or state categorical funding
•State preschool programs
•State preschool health and safety issues in license-exempt programs
•Any complaint 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 this policy
•Any other state or federal educational program the Superintendent of Public Instruction or designee deems appropriate
Complaints that are not subject to New Haven’s Uniform Complaint Procedure shall be investigated and resolved through an alternative process as guided by New Haven policies.
Addressing Uniform Complaints shall be in accordance with New Haven Board Policy 1312.3 (Uniform Complaint Procedures).
Questions or concerns related to Uniform Complaint complaints should be forwarded to:
Marcus Lam, Director, Student and Family Services
725 Whipple Road
Union City CA 94587
(510) 476-2625
MLam@nhusd.k12.ca.us
To file a Uniform Complaint, download and complete the Uniform Complaint form below and submit it to your child’s site administrator or Marcus Lam, the Director of Student and Family Services.
