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Know Your RightsAct of Violence LeaveWhat are my leave rights if I am physically injured during an act of violence? If you are physically injured during an act or acts of violence related to and during your performance of duties, then you may be entitled to an extended leave of absence. You must follow the following procedure: 1. Complete and file the following forms within 24 hours*: 1. 2. 3. 4. A Police Report An Act of Violence Form A Workers Compensation Form An Incident Report *If you encounter any difficulties in filing any of the above reports see your UTLA Chapter Chair for assistance 2. Report, as soon as it becomes evident that a leave extension is to be requested, for a physical examination by the employee health coordinator and receive approval as a result of the examination. 3. Apply in writing for the 60-day extension on a form to be provided by the District as soon as you see the need for the extension This form should be turned in to your immediate administrator. The determination of whether the injury was the result of an act of violence, and whether the act of violence was related to and during the performance of your duties shall be made in the reasonable judgement of the Office of Risk management. The determination of whether the injury is disabling beyond the 60-day period shall be made in the reasonable medical judgement of the employee health coordinator. You may be required to be evaluated by the employee health coordinator at any time during the extended period. It is highly recommended that if you are physically injured during an act of violence that you notify the Site Administrator and appropriate law enforcement authorities in addition to completing a written report of the injury in order to preserve your right to file for an extended leave of absence, if needed.

KYR001

1/28/2008

Know Your RightsAdministrative TransfersWhile the assignment of personnel is customarily a management right, UTLA has negotiated language to defend the rights of our members who feel a strong connection to their students and their work sites. Purpose The proposed administrative transfer cannot be arbitrary or capricious but must be deemed to be in the best interest of the educational program of the District. Article XI, Section 2.0. Notice Anyone facing an administrative transfer should be notified and counseled by the responsible administrator. It is imperative that you request written reasons for the transfer. Article XI, Section 2.0. Mediation You have the right to request, in writing, a mediation within (5) days after receiving notice. If the District does not agree to the mediation, you have fifteen (15) days to file a grievance. Article XI, Section 2.1.1. Mandatory Mediation Where the proposed transfer is due to reasons related to the exercise of protected Union activity, you have a right to mediation. Article XI, Section 2.1.2. Grievance If the matter is not resolved through mediation, or if the District refuses to grant the requested mediation, you may file a grievance within fifteen (15) days. Article XI, Sections 2.1.1(d), 2.1.2(b). Confidentiality Whether you are contesting the transfer through mediation or through the grievance processes, confidentiality rules apply; accordingly, the issues and circumstances surrounding the proposed transfer cannot be discussed publicly. Article XI, Section 2.1.3; Article V, Section 4.0-4.1.

KYR013

3/8/2008

Know Your RightsAssaults on EmployeesAdministrators must report employee assaults to the Chapter Chair Teachers, students, parents, administratorswe all have stake in making our schools safe. Part of keeping our campuses safe is being knowledgeable about incidents at school, especially dangerous or illegal ones. When bad things do happensuch as an assault on a teacheremployees have a right to know. Thats why our contract requires that the administrator inform the UTLA Chapter Chair of any reports of employee injuries or assaults. According to our contract: When an employee reports an injury or assault and files the required written report, the site administrator shall notify the Chapter Chair of the reported injury unless the employee requests that the matter not be so disclosed. As it says in the contract language, under only two conditions is the administrator not required to report an assault: if the employee has not filed a written report or if the employee requests that the matter be kept confidential. For more information: See Article IV, Section 8.0b of the UTLA-LAUSD contract. Our contract is one of the most comprehensive in the United States and it protects a wide variety of your professional rights. For the full text of the collective bargaining agreement and more Know Your Contract columns, log on to www.utla.net.

KYR002

1/28/2008

Know Your RightsClass assignments (permanent teachers)What do you do if you want to challenge an initial class assignment given to you as a result of the matrix process? If differences arise as the result of the site administrators assignments of permanent teachers, they shall be resolved according to the following procedures: Alternative grievance procedure: elementary and secondary track assignments and elementary grade assignments (Article IX-A, Section 2.0 and Article V-A) Informal procedure 1. If you believe that your assignment is inappropriate, you must request an informal meeting with the principal (and department chair if the matter involves the department chair). 2. Obtain a copy of the Dispute Resolution Panel Form/Checklist from your Chapter Chair. 3. You must request this informal meeting within three days after you knew or should have known of the assignment. To be safe and keep within this time limit, you should request an informal meeting immediately after learning of your inappropriate assignment. UTLA strongly recommends that all requests be in writing, dated, and a copy retained. 4. The principal must hold this meeting within three days of the request. 5. If the informal meeting is not held within three days of the original request, you must request the formal procedure (within six days of the informal meeting request). Formal procedure 1. If the complaint is not settled at the informal meeting, you must request a formal meeting with the principal (the department chair), and the Chapter Chair within three days. Acting reasonably and in good faith, they shall attempt to mutually agree upon the assignment, and such agreement shall be final and binding. 2. If the site administrator and chapter chair cannot agree upon the assignment within three days, you must fully complete the Dispute Resolution Panel Form/Checklist in all places and, most importantly, obtain the signatures of the principal and chapter chair on item #4. You must fax copies of this complaint to the Office of Staff Relations and UTLA. 3. At this point a two member panel (appointed by UTLA and the District) will resolve the assignment issue. The decision of the panel shall be final and binding. For more information: See Article IX-A and Article V-A of the UTLA-LAUSD contract. Our contract is one of the most comprehensive in the United States and it protects a wide variety of your professional rights. For the full text of the collective bargaining agreement and more Know Your Rights columns, log on to www.utla.net.

Know Your Rights

Know Your RightsDirectives & InsubordinationMy principal just gave me unreasonable things to do! Do I have to follow these directives?

General Rule: Obey first, then grieve!

Obey the Directive: Unless the directive is illegal, immoral, or hazardous to you or others, you must do as directed or you may be disciplined for insubordination. Do not take matters into your own hands! Oral or Verbal: You must follow all directives, whether or not in writing. Of course, if the directive is oral, you should request your administrator to put it in writing. Often, this statement will cause the administrator to retract the directive. If he or she refuses to reduce the directive to writing and also refuses to retract it, you should give a written confirmation to him/her (i.e., This memo is to confirm that . . .). File a Grievance: Ask your Chapter Chair to assist you in resolving the matter at the school site. Then, if necessary, complete the Grievance Information Sheet and fax it to your Area Representative, so that we can promptly file a grievance on your behalf. Exceptions: The exceptions are very narrow. You cant be forced to do anything that is illegal or immoral, or that endangers the health or safety of you or others. For example, you cant be directed to hit a child or to falsify a document. What if the Directive Violates the Contract? Even if the directive violates the Collective Bargaining Agreement, you must abide by it until your grievance is resolved in your favor. Arbitrators have held that the only difference between an unreasonable directive and a directive that clearly violates the Collective Bargaining Agreement is that in the latter case you will clearly win your grievance; nevertheless, you are subject to discipline for insubordination. Confidentiality Clause: Once the grievance is filed, do not discuss the matter with anyone without express approval from your UTLA Area Representative because any breach of confidentiality may result in an automatic dismissal of your grievance. Article V, Sections 4.0-4.1.

KYR004

1/28/2008

Know Your RightsEqual access to school facilitiesMiffed by a principal who has an office staff only policy for the fax machine? Ever been at a school where the administrators reserve parking spaces for themselves while teachers have to park on the street? These incidents not only inconvenience you, they also violate your rights under the UTLA-LAUSD contract. Our contract states that you have the right to have equal access to all telephones (this includes the fax machine), restrooms, lounges, and lunch areas with the understanding that such access rights must be exercised in a reasonable manner. You also have equal-access rights to on-site parking spaces, except for the following parking spaces, which are to be reserved: * Parking for identified disabled staff members and disabled visitors * Parking for the school nurse, near the school entrance * Parking for staff having official school business requiring individuals to leave the school premises and return during school hours on a specific day. No more than two spaces in elementary, three spaces in secondary, and three spaces in adult schools are to be saved for this purpose. Principals cant claim these spaces every day on the basis that every once in a while they have to travel downtown to headquarters. If any of these policies are not followed, please contact your Chapter Chair. For more information: See Article XXXI, Section 9.0, of the UTLA-LAUSD contract. Our contract is one of the most comprehensive in the United States and it protects a wide variety of your professional rights. For the full text of the collective bargaining agreement and more Know Your Rights columns, log on to www.utla.net.

KYR005

1/28/2008

Know Your RightsHow To Respond To A Conference MemoA Conference Memo is the document you should receive after a conference with a District administrator. It is the preferred way to memorialize the contents of such a conference, and it often relates to a conference that was, in some way, critical of your performance. UTLA strongly encourages you to respond in writing, within a reasonable time, as allowed by Art. X, Sec. 9.0 (a). District administrators typically use a format that includes three or four sections, usually indentified by a Roman numeral. * Part I always refers to the topics discussed during the conference. Your response should always start with Part I also, and in it you should agree about those topics that were actually discussed (agree only that they were, in fact, discussed); disagree with topics that were NOT discussed; and supplement those topics that were also discussed, but were omited from the conference memo. * Part II is usually entitled: During the Conference you said, and, if you have followed UTLAs instructions, it should only state that you indicated you would respond in writing. In your Part II you should only state that you are now responding in writing, as indicated by you during the conference. * Part III will either refer to what the Administrator said during the conference, or it could skip this part, and go directly to the type of Guidance and Assistance that was provided to you by the Administrator during the conference. If Part III is used to memorialize the Administrators statements during the conference, respond as suggested above for Part I. * Part IV is usually reserved to memorialize the Guidance and Assistance that was provided to you by the Administrator during the conference. Your response memo should address it directly. In particular, beware of any Guidance and Assistance related to a topic that was not actually discussed during the conference, and which might not even be included in Part I of the conference memo. You should also comment regarding any inadequacies in the guidance and assistance provided, and you should point out any contradictions, omissions and misstatements contained in this part, or in the conference memo as a whole. Keep a copy of your response. Try to get a school date stamp on it, to prove the date and time you filed it with the Main Office at your school. Under Art. X, Section 9.0(a), your response should be stapled to the original conference memo.

KYR012

3/8/2008

Published on United Teachers Los Angeles (http://www.utla.net) Home > Jury Duty

Jury DutyWill LAUSD pay for service? Whether you dread jury duty or look forward to serving, when that summons comes in the mail, it helps to know what your rights and responsibilities are under the UTLA-LAUSD contract. LAUSD recently issued a new memo (BUL-4223) that summarizes some of the regulations, which are covered in Article XII, Section 18.4, of the contract. The basic principle is that jury service should be performed when it does not disrupt the continuity of classroom instruction or adversely affect District operationsin other words, employees should perform jury duty during off-track or vacation time. All employees should know that courts have tightened requirements for being excused altogether from jury duty. It is much more difficult to be released from service for such issues as childcare or financial hardship (in fact, because LAUSD does pay for jury duty service under some circumstances, financial hardship will not excuse a teacher or health and human services professional from serving). Heres what to do if you receive a summons for duty during your ontrack time (including summer school and intersession): 1. Notify your immediate supervisor that you have received a summons. 2. Request a deferment from the court to either vacation or off-track time. If you are an A-basis (12month) employee, you need to seek postponement to a date mutually agreed upon with your administrator if the summons date would affect classroom instruction or LAUSD operations. A-basis employees also need to request that the term of jury service be limited to 10 days, whenever possible. This is not a requirement, but we suggest that when requesting a deferment, you make a note of the date and time you made the request and whether you spoke with a person or an automated system. If your deferred jury duty begins during your off-track or vacation time but then inadvertently extends into your on-track time, the District will pay you for up to 20 working days (not including buy-back days). Any jury fees you receive while on District-paid status must be submitted to the District. 3. If the court rejects your deferment request, notify your supervisor in writing. If jury duty is still required even after you have tried to postpone it, you could qualify for a paid absence. If you do not request a postponement as outlined above, you will be granted an unpaid absence (which may affect your retirement hours). Some local District administrators are requesting proof that employees have requested deferments. Courts do not issue anything that documents requests for deferment. If your administrator continues to insist on proof of deferment request, call UTLA. * For more info: For BUL-4223, the recently issued memo on jury service, go to LAUSD website. [1] Note: Many of the documents throughout the website have been stored as .pdf files, viewable only with Adobe Acrobat Reader. Click on "Get Acrobat Reader" to download a free copy. Confidentiality Policy | 2011 UTLA. All rights reserved. | UTLA Phone #: (213) 487-5560 Source URL (retrieved on 09/02/2011 - 5:38pm): http://www.utla.net/node/1456 Links: [1] http://notebook.lausd.net/pls/ptl/docs/PAGE/CA_LAUSD/FLDR_ORGANIZATIONS/FLDR_HUMAN_R ESOURCES/BUL-4223.PDF

Know Your RightsLesson ContentYou are free to examine, present, and responsibly discuss various points of view in an atmosphere of open inquiry, provided that the instruction, material, or discussion:

A. is appropriate to the age and maturity level of the students; B. is related to and consistent with the prescribed curriculum, course of study, and textbook/materials for the class in question; and C. is a fair and balanced academic presentation of various points of view, consistent with the accepted standards of professional responsibility, rather than advocacy, personal opinion, bias or partisanship.

Appeal Procedure: If the lesson content (including instructional materials, publications, videotapes, DVDs, graphics, etc.) or a proposed guest speaker is the subject of any complaint, you have the right to:

1. appropriate notice and a reasonable opportunity to respond in writing to the site administrator; 2. request and promptly receive the decision of the site administrator in writing and to 3. appeal any such determination(s) in a meeting with the local district superintendent or designee. This appeal procedure is intended to provide an avenue for review of administrative restrictions, which have not resulted in disciplinary action or unsatisfactory evaluation or in critical material placed your the personnel file. Nothing herein shall preclude recourse to the grievance procedure under for matters which are otherwise grievable under Article X, Evaluation and Discipline.

FOR MORE INFORMATION, PLEASE SEE ARTICLE XXV

KYR006

1/28/2008

Know Your Rights

The Pre-Stull Evaluation Process:

Initial Planning Conference and Initial Planning SheetEstablishing Objectives: At the beginning of the school year, you should meet with your evaluator to work cooperatively to establish your objectives. Article X, Section 4.0. These individual performance objectives are to be mutually agreed upon, not merely imposed from top to bottom. If you need help in formulating objectives, you should seek assistance from your department or grade level chair, veteran teacher, and/or chapter chair. Importance of Objectives: The list of objectives upon which you agree with your administrator and include on your initial Planning Sheet is significant in that it sets the criteria by which you will be evaluated. Needless to say, objectives should be measurable, reasonable, and attainable. Unreasonable or unrealistic objectives constitute a set-up for failure. Examples of the subject matter of objectives can be found in Article X, Section 4.1. Appealing an Administrators Determination Regarding Objectives: If the employee and the evaluator are unable to reach an agreement upon the content of the objectives, and the employee is dissatisfied with the evaluators determination, the employee may appeal the matter to the next higher administrative level for resolution. Article X, Section 4.2. Modifying Objectives During the School Year: At any time during the year, either party may initiate discussions to modify the objectives if performance problems develop or if constraints are identified which will affect your progress toward the established objectives. Article X, Section 4.3. UTLA List of Constraints: Please see the reverse side of this sheet for a list of possible constraints that you may wish to consider including in or attaching to your Initial Planning Sheet. You should review this list carefully to determine which of these constraints apply to your situation. You may do this either at the time of submission of your Initial Planning Sheet, or afterward (as indicated above) as a modification. Whatever constraints you choose to include should have applicability to your individual situation and not be included merely as boilerplate language. KYR014 3/25/08

The following constraints prevent teachers and students from achieving their potential.

Select only those constraints that apply to your situation, copy, and attach to your Initial Planning Sheet. 1.Crowdedclassesthatpreventindividualizedinstruction andpromotedisciplineproblems.

22.Arbitraryorcapriciousteacherevaluationprocedure.

2.Travelingorrovingwhichpreventsteachersfromsetting upagoodlearningenvironment.

23.Requiringsecondaryteacherstoforgotheirpreparation periodinordertocoverclasses,oraddingstudentsfroman absentteachersclasstoanelementaryclass.

3.Improperuseofcommonplanningtime.

4.Burdeningovertaxedteacherswiththechoresof secretaries,policemen,andcollectionagents,e.g.,cafeteria supervision,hallpatrol,playgroundandbusduty,lavatory checking,moneycollection,andduplicationofmaterial.

24.Nodistrictprocedureforafacultytoevaluateorhavean incompetentadministratorremoved.

25.Lackofadailypreparationperiodforeveryteacher.

26.Failuretoprovideallstudentswithspecialistsinthefields ofmusic,art,physicaleducation,andlibrary.

5.Understockedandunderstaffedlibraries.

6.Unreliableandrigidrequisitionanddeliverysystemfor schoolsupplies.

27.Notenoughpsychologists,counselors,coordinators,and mentalhealthteamstohandletheproblemsofstudents.

7.Shortagesofnecessitiessuchasteachermanuals, audiovisualapparatus(includingTVs,VCRs,CD/DVDplayers, currentvideos,CDs,DVDs),legiblepaper,musicmaterials, sciencekitsandequipment,computersandsoftware,pencils, crayons,constructionpaper,PEequipment,staplers,tape,etc.

28.Lackoftimefordepartmentchairstoprovideservicesto membersofdepartments.

29.Patronagesystemintheappointmentofadministrators.

30.Assignmentofteachersoutsidetheirfieldofcompetence andtraining.

8.Delaysinrepairingandservicingequipment,windows, floors,andstructures.

31.Culturallyinsensitiveschoolprogram.

9.Noexpenseaccounttobuyneededteachingaids.

32.Deprivingstudentsofneededworkbooksforreading, math,andEnglish.

10.Frequentclassroominterruptions.

11.Favoritisminrotatingassignmentsamongdifficultorslow classes.

33.Failuretoprovideeconomicallydisadvantagedstudent withneededservices.

12.Closedstockrooms.

34.Outdatedcurriculuminmanyareas,controlledbynon teachers.

13.Lackoftextbooksandmaterialsthatmeetthediffering abilitiesofstudents.

35.Hightransiencyrate.

14.Inadequateteacherworkrooms,lounges,orlavatories.

36.Failuretoprovidelibrarycentersandreferencebooks adequateforeachelementaryclassroom.

15.Lackofseparateroomsforcounseling,remedialreading, speechtherapy,art,music,andtheRSPprogram.

37.Splitgradeclassesthatfurtherinhibitinstructionand widentheachievementrangeofpupils.

16.Teacherstaffdevelopmentrunbynonteachers,thatis poorlyplanned,and/orperformedoutsideschoolhours.

38.Lackofaccesstostockroom,bookroom,supplycabinets, andcopymachines.

17.Frequentassignmentofdutiesduringateacherslunch period.

39.Lackofcollaborationbetweenparentsandteachers.

40.Nonsupportiveschoolclimate.

18.Noadequateprogramtodiagnoseandtreatdisruptive students.Readmissiontoregularclasseswithoutcorrectiveor therapeuticaction.

41.Hostile,noncaring,andnonsupportiveadministrators.

19.Failureofadministrationtosupportateacherina disciplinecase.Notenoughtimetotalkpersonallywith students.

42.Districtmandatedprogramsandpacingplansthatarenot basedonneedsofstudents,nordevelopedwithteacher involvement.

20.Insufficientnumberoftelephonesforteachersand counselorstocontactparentsabouttheirstudents.

43.Distinctcontradictionbetweenthedistrictsstrictpacing requirementandateachersobligationtoprovide individualizedinstruction.

21.Lackofacademicfreedomfromadministrative interferenceinconductingclass,gradingstudents,handling controversialsubjects,andprovidinginnovativeinstruction. KYR014

44.Lackofinterventionmechanisms.

45.(Other) 3/25/08

Know Your Rightsy g Public reprimandsYou have the right not to be criticized in public by an administrator. Theres nothing more demeaning than being berated or criticized by your principal in front of students, staff members, or parents. This kind of behavior is not only highly unprofessionalits also forbidden in our contract. Public reprimands are usually indicative of poor management skills and are corrosive to the positive work culture so important to the school community. Article X, 11d, states: When imposing discipline or when giving reprimands, warnings, or criticism, confidentiality and privacy appropriate to the professional relationship shall be maintained. If an administrator begins to reprimand you in front of others, such as in your classroom with students present or at a faculty meeting, calmly remind him or her of your right, as guaranteed in your contract, not to be criticized in public. If he or she persists, it may be appropriate to file a grievance, and if an administrator engages in repeated violations, there may be grounds for an organizing campaign to respond appropriately. For more information: See Article X, Section 11d, of the UTLA-LAUSD contract. Our contract is one of the most comprehensive in the United States and it protects a wide variety of your professional rights. For the full text of the collective bargaining agreement, log on to www.utla.net.

KYR007

1/28/2008

Know Your RightsRepresentationYou have the right to have your chapter chair present at disciplinary meetings. Your principal stops you in the hallway and asks you to meet with her afterschool. Before you agree to meet, be sure to ask her a key question: Am I the focus of a possible disciplinary action? If she says yes, be sure to request that your UTLA Chapter Chair be present. The role of the Chapter Chair is to ask clarifying questions and to witness the proceedings, not to argue your case. The right to have a representative at predisciplinary meetings is covered in Article X, Section 10.0: When an administrator has a conference with an employee where it is evident at the time the meeting is convened that the employee is the focus of possible disciplinary action, the employee shall be notified of the purpose of the meeting, before the meeting takes place, and that it is the employees right to be accompanied and represented by a UTLA representative (Chapter Chair) or by any other person so long as that person is not a representative of another employee organization. The contract also says you have a right to representation when discipline is actually issued (Article X, Section 11.0). There is an important exception to these rights, as contained in Article X, Section 10.0: However, this right shall not extend to routine conferences or to any conferences conducted under the evaluation procedures of this Article except for a final conference involving an overall Below Standard rating. In general UTLA advises that employees not make any statements during such conferences other than a general denial of wrong doing. The District often uses an employees statements against the employee during later formal disciplinary actions. You will have ample opportunity to respond appropriately in writing to the conference memo. If you request but are denied representation, you must still attend the conference, but be sure to notify your Chapter Chair of the situation. For more information: See Article X, Section 10.0, of the UTLA-LAUSD contract. Our contract is one of the most comprehensive in the United States and it protects a wide variety of your professional rights. For the full text of the collective bargaining agreement and more Know Your Rights columns, log on to www.utla.net.

KYR003

1/28/2008

Know Your RightsStudent suspensionThe 14 behaviors that may warrant suspension. Deciding to suspend a student can be difficult, but knowing the behaviors that may warrant suspension can help you decide when its called for. LAUSD believes in progressive discipline, which means that, to the extent that its possible, teachers and school administrators should generally refrain from issuing formal discipline (in other words, suspensions, opportunity transfers, or expulsions) as a first response to student misconduct. Formal methods should only be used after other means of discipline havent worked. Proper documentation is essential to the concept of progressive discipline; for students with reoccurring problems, be sure to keep records of all the discipline measures taken. In addition to the normal disciplinary measures, such as counseling, parent conferences, and office referrals, you may suspend a student from your class for that day and the following day for any of the causes listed below (listed in Article XXIV of the UTLALAUSD contract): Causes 1. Disruptive behavior or willful defiance of valid authority. 2. Obscenity, habitual vulgarity, profanity, or hate language (e.g., slurs based on race, ethnicity, sexual orientation, gender, religion, etc.). 3. Causing, attempting, or threatening violence or physical injury. 4. Theft or damage to school property or personal property. 5. Extortion or robbery. 6. Possessing, using, offering for sale, furnishing, or being under the influence of any controlled substance, alcoholic beverage, or intoxicant of any kind. 7. Possessing, using, offering for sale, or furnishing any drug paraphernalia. 8. Offering for sale or furnishing any substitute substance represented as a controlled substance, alcoholic beverage or intoxicant. 9. Possessing, using, offering for sale, or furnishing any firearm, or imitation firearm, explosive, knife, or other dangerous object. 10. Falsely reporting a fire or bomb. 11. Possessing or using tobacco or any products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit use or possession by a pupil of his or her own prescription products. 12. Knowingly receiving stolen school property or private property. 13. Committing or attempting to commit a sexual assault as defined in Section 261, 266c, 286, 288, 288a or 289 of the Penal Code or committing a sexual battery as defined in Section 243.4 of the penal code.

KYR009

1/28/2008

Know Your RightsTeacher Suspensions

Help! My principal just suspended me for five days. What should I do?Filing a Suspension Appeal: Contact UTLA immediately to notify us that you have received a Notice of Suspension. Do not just leave a message; make sure you speak to a live person so that someone will be expecting to receive your fax. [Note: Suspensions are considered emergencies at UTLA, so someone is available to answer the phone during business hours.] Then fax all the documents you received along with a cover sheet with your name, address, phone number, employee number, and your signature authorizing us to file the Suspension Appeal. It is best to call back within a few minutes to verify receipt of your fax. Timeline: The Collective Bargaining Agreement allows you only three (3) school days in which to file the Suspension Appeal; accordingly, fax the documents to UTLA as soon as possible. Article X, Section 11.0a. Consequences of Suspensions: Some suspensions are reported to the California Commission on Teacher Credentialing, so, in addition to a few days loss of pay, your career may be in jeopardy! Thus, even if you feel the Suspension is warranted, you should have UTLA file a Suspension Appeal for you. Serving the Suspension: Ordinarily, the District will not impose the Suspension until your Appeal is exhausted. Under rare circumstances, the District might require you to serve not more than three (3) days of the Suspension while your Appeal is pending, but they may not dock your pay until the case has been closed. Article X, Section 11.0a. \ Confidentiality Clause: As with all grievances, do not discuss the matter with anyone without express approval from the UTLA Area Representative handling your case because any breach of confidentiality may result in an automatic dismissal of your Appeal. Article V, Sections 4.0-4.1.

KYR010

1/28/2008

Know Your RightsWhat is a Grievance? How do I file a Grievance? What are the consequences of filing a Grievance?What is a Grievance? It is an internal procedure by which you can seek redress for violations by the District of one or more explicit provisions of the Collective Bargaining Agreement: A grievance is defined as a claim that the District has violated an express term of this Agreement and that by reason of such violation the grievants rights under this Agreement have been adversely affected. Article V, Section 1.0 [emphasis added]. Timeline: For most cases the time limit for filing a grievance is fifteen (15) school days after the grievant or UTLA knew or reasonably should have known of the occurrence of the facts upon which the grievance is based. Article V, Section 8.0. Informal Conferences: Before filing a grievance (if there is sufficient time) you and/or your chapter chair should make a reasonable attempt to resolve the problem through an informal conference with your administration. Regardless of the status of this conference, a grievance must be filed within the time limit. Article V, Section 7.0a. Filing the Grievance: With the assistance of your Chapter Chair, complete the UTLA Grievance Information Form and fax it to your Area Representative, who will then initiate the grievance process on your behalf. This form is essential so that your representative has all of the relevant facts in your case. Confidentiality Clause: Do not discuss the matter with anyone without express approval from your UTLA Area Representative because any breach of confidentiality may result in an automatic dismissal of your grievance. Article V, Sections 4.0-4.1. Grievance Process: Informal meetings are held with appropriate District personnel in order to exchange information and attempt to reach a mutually acceptable result. Ultimately, UTLA may choose to take the matter to binding arbitration. No Reprisals: The District and its administrators are expressly forbidden to take reprisals against you for filing a grievance or assisting a colleague with a grievance. Article V, Section 22.0. Limitations of Grievances: A Grievance is not: a lawsuit, a means of punishing or disciplining an administrator, a forum for non-Contractual issues, nor a method to resolve disputes with colleagues, aides, parents, students, etc.

KYR011

1/28/2008

LOS ANGELES UNIFIED SCHOOL DISTRICTMEMORANDUM

TITLE: NUMBER: ISSUER: DATE: POLICY:

Uniform Complaint Procedures (UCP) 2008-2009 MEM-4210.0 Jess Womack, Interim General Counsel Office of the General Counsel May 28, 2008

ROUTING All Employees

The Los Angeles Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations, and shall investigate complaints alleging failure to comply with applicable state and federal laws and regulations and/or alleging discrimination. The District shall seek to resolve those complaints in accordance with the procedures set out in Sections 46004687 of the Title 5 Regulations and in accordance with the policies and procedures of the District. This Memorandum, issued annually and applicable to the 2008-2009 school year, clarifies that uniform complaints may be used to file noncompliance or unlawful discrimination complaints and/or to appeal District decisions regarding such complaints. Uniform complaint brochures are available at all school sites in the primary languages of that school community. Complainants are encouraged, where possible to try to resolve their complaints directly at the school or work site or in their local district office. A written notice regarding uniform complaint procedures must be disseminated annually to staff, students, parents or guardians, appropriate private school officials or representatives, and school and other interested parties including district advisory committees. Distribution may be in any form (newsletter, memorandum, staff/student/parent handbook, etc.) that will reach the school community.

MAJOR CHANGES: GUIDELINES:

This Memorandum replaces MEM-4047.0, Uniform Complaint Procedures (UCP) 2007-2008, issued on March 3, 2008, by the Office of the General Counsel. The following guidelines apply. I. BACKGROUND

These Uniform Complaint Procedures were developed by the Los Angeles Unified School District (District) pursuant to Title 5, California Code of Regulations, Sections 4600-4687, during the 1992-1993 school year. The Districts uniform complaint procedures may be used to file complaints with the District or to appeal District decisions which concern unlawful discrimination under the following federal/state laws: Section 504 of the Rehabilitation Act of 1973 or Title II of the Americans with Disabilities Act of 1990 (ADA) for the charges of discrimination based on mental or physical disability; Title IX of the Education Amendments of 1972 charges of discrimination/harassment based on MEM- 4210.0 May 28, 2008 Office of the General Counsel Page 1 of 11


sex including charges of sexual harassment and Title VI of the Education Amendments of 1964 for charges of discrimination based on race, color or national origin. Section 4900, et, seq. includes sexual identification, gender identity, ethnic identification and ancestry.

II. GENERAL INFORMATION A. The Uniform Complaint Procedures may be used for complaints or allegations of noncompliance involving the following educational programs and complaints alleging violations of the following nondiscrimination protections: 1. Adult Education 2. Allegations of unlawful discrimination including actual or perceived sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin, religion, color, mental or physical disability, age, or on the basis of a persons association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by the District that is funded directly or receives any state funds. 3. Career/Technical Education 4. Child Development 5. Child Nutrition Services 6. Consolidated Aid Categorical Programs 7. Migrant and Indian Education 8. Special Education B. Complaints pertaining to the following may be referred for resolution to the indicated state or federal agency, as appropriate: 1. Allegations of suspected child abuse shall be referred to the applicable Los Angeles County Department of Social Services, Protective Services Division, or the appropriate law enforcement agency. 2. Health and safety complaints regarding a Child Development Program shall be referred to the Department of Social Services, for licensed facilities. MEM- 4210.0 Office of the General Counsel May 28, 2008 Page 2 of 11


3. Allegations of fraud shall be referred to the responsible division/branch/department/unit/local district administrator or to the Inspector General. 4. Employment discrimination complaints shall be referred to the Districts Equal Employment Opportunity Office or may be sent to the State Department of Fair Employment and Housing (DFEH).

III. RELATED DEFINITIONS Title 5, California Code of Regulations provides the following definitions: A. Appeal: A request made in writing to a level higher than the original reviewing level by an aggravated party requesting reconsideration or a reinvestigation. B. Complainant: An individual, including a persons duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging a violation of federal or state laws or regulations, including allegations of unlawful discrimination in programs and activities funded directly by the state or receiving any financial assistance from the state. C. Complaint: A written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the District shall assist the complainant in the filing of the complaint. D. Complaint Investigation: Administrative process used by the District, the California Department of Education (CDE), or the U.S. Department of Education (USDE) for the purpose of gathering data regarding the complaint. E. Complaint Procedure: An internal process used by the District to process and resolve complaints.F. Compliance Agreement:

An agreement or plan, following a finding or District noncompliance with state laws and regulations, which has been developed by the District and approved by the California Department of Education to resolve a noncompliance issue.

G. Days: Calendar days unless otherwise designated. MEM- 4210.0 Office of the General Counsel May 28, 2008 Page 3 of 11


H. Direct State Intervention: The steps taken by the California Department of Education to initially investigate complaints or effect compliance. I. Local Agency: A school district governing board or a local public or private agency which receives direct or indirect funding or any other financial assistance from the state to provide any school programs or activities or special education or related services. J. Mediation: A problem-solving activity whereby a third party assists the parties to the dispute in resolving the compliant. Pursuant to federal law, participation in mediation by complainants filing complaints is voluntary, not mandatory. K. State Mediation Agreement: A written, voluntary agreement, approved by the California Department of Education, which is developed by the District and the complainant to the dispute, which resolves the allegations of the complaint.

IV. NOTIFICATION DISSEMINATION A. Employees The Uniform Complaint Procedures Memorandum is to be provided to all District employees on an annual basis at the beginning of each school year. B. Students The Districts formal complaint procedures are provided in the Parent Student Handbook. All schools are required to annually distribute the Parent Student Handbook to every student at the beginning of each school year or upon their first enrollment into any LAUSD school. C. Parents and/or Guardians The Districts Parent Student Handbook may be used to provide parents and guardians notification of the Districts formal complaint procedures. D. District/School Advisory Committees - Other Interested Parties The Uniform Complaint Procedures Brochure may be used to provide information regarding the Districts formal complaint procedures to District/School Advisory Committees, as well as other interested parties. MEM- 4210.0 Office of the General Counsel May 28, 2008 Page 4 of 11


V. CONFIDENTIALITY AND NONRETALIATION Complaints shall be handled in a confidential manner to respect the privacy of all parties to the fullest extent possible. Every effort shall be made to limit the distribution of information to those persons with a need to know within the confines of the Districts reporting procedures and investigative process. . The District prohibits retaliation in any form for the filing of a complaint or an appeal, reporting instances of non-compliance or discrimination, or for participation in the complaint-filing or investigation process. These confidentiality and nonretaliation requirements extend to all parties involved.

VI. FORMAL COMPLAINT PROCEDURES A. Complaint Filing 1. Any individual, public agency or organization may file a written complaint, alleging a matter which, if true, would constitute a violation by the District or federal or state laws or regulations governing the programs and activities as well as allegations of unlawful discrimination identified in the General Information section of this document. 2. Any parent/guardian/individual/organization has the right to file a written complaint of discrimination within six months from the date the alleged discrimination occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination. 3. A complainant who makes a verbal complaint shall be referred to the administrator/designee who will assist any person with a disability or who is unable to prepare a written complaint. 4. The complainant will submit a written complaint to: Sue Spears, Director/Compliance Officer Los Angeles Unified School District Educational Equity Compliance Office 333 South Beaudry Avenue - 20th Floor Los Angeles, California 90017 Telephone: (213) 241-7682 This person/office shall be considered the representative of the District for purposes of receiving and coordinating responses to complaints and MEM- 4210.0 Office of the General Counsel May 28, 2008 Page 5 of 11


correspondence related to this policy. The District ensures the District administrator/designee assigned to investigate complaints is knowledgeable about the laws/programs that he/she is assigned to investigate and is responsible for compliance. In addition, the District administrator/designee responsible for providing a written report should be a person trained in the Uniform Complaint Procedures (UCP) investigative process. As such, this designee must have knowledge of federal and state laws and regulations pertaining to Uniform Complaint Procedures. 5. The District will provide an opportunity for complainants and/or representatives to present relevant information. 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. B. Complaint Receipt The District administrator/designee shall: 1. Acknowledge receipt of the complaint within five calendar days and will review the complaint to determine whether it meets the criteria for filing under the procedures or falls within the exceptions listed in the General Information section. 2. Inform the complainant of the District policy and appeal procedures in those instances when a complaint may be filed directly with the State Superintendent of Public Instruction or another appropriate state or federal agency. 3. Determine whether the complainant and the District representative will participate in mediation to resolve the complaint prior to formal investigation. If the complainant agrees to the mediation, he/she must be, informed that he/she may at any time terminate the mediation process and proceed directly to an investigation. Mediation may not extend the time line for investigation and resolution to the complaint unless the complainant agrees, in writing, to the extension. 4. Determine whether a discrimination complaint has been filed within six months from the date the alleged discrimination occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination. Confidentiality of complaints alleging discrimination MEM- 4210.0 Office of the General Counsel May 28, 2008 Page 6 of 11


will be observed to the maximum extent possible. 5. Deny the discrimination complaint if it has not been filed in a timely manner, and notify the complainant of his/her right to appeal to the state superintendent of public instruction for an extension of time in which to file the complaint. 6. Refer the complaint for investigation to the appropriate District office/division/branch/unit/local district. 7. Ensure that, within sixty (60) calendar days of the receipt of the written complaint, the complaint has been resolved and/or investigated and that a written report of findings is issued to the complainant. The written report of the investigative findings must contain the allegation(s), method of investigation, policy, findings, conclusion(s), and corrective action(s), if applicable. 8. Obtain an extension of time, if appropriate, in order to conduct the investigation. C. Complaint Timeline 1. Each complaint shall be resolved and a written report of investigative findings issued within sixty (60) calendar days of the receipt of the written complaint unless the complainant agrees in writing to an extension of time. 2. If the complainant agrees to mediation, mediation may not extend the time line for investigation and resolution to the complaint unless the complainant agrees, in writing, to the extension. D. Complaint Investigation Each complaint shall be investigated by the appropriate District office/unit/ division/branch/local district office. The District office/unit/division/branch/ local district office shall: 1. Adhere to a thirty (30) calendar day timeline to request additional information from the complainant as necessary, conduct the investigation, and prepare the final written report of findings. 2. Provide an opportunity for the complainant and/or the complainants representative and the Districts representative to present information that is relevant to the complaint during the meditative or investigative process. Refusal by the complainant to provide the investigator with MEM- 4210.0 Office of the General Counsel May 28, 2008 Page 7 of 11


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. 3. Obtain statements from other individuals who were witnesses to the alleged violation or who can provide relevant information concerning the alleged violation. 4. Review documents that may provide information relevant to the alleged violation. When necessary, request clarification on specific issues of the complaint from other District offices (e.g., Parent Community Services Branch, Specially Funded Programs Branch, Division of Special Education, etc.). 5. Have access to applicable District records and/or other information related to the allegation(s) in the complaint. District units or staff who refuse or otherwise fail to cooperate in the investigation or engage in any other obstruction of the investigation, may cause 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. 6. Prepare a written report (in English and in the language of the complainant) of the investigative findings which contains the disposition and rationale for such disposition to include the following: allegation(s), method of investigation, policy and/or applicable law, findings along with supporting information, conclusion(s), corrective action(s), if any, and suggested remedies, if applicable. 7. Within 30 calendar days of receipt of the complaint, forward a draft of the written report of investigative findings to Educational Equity Compliance Office (EECO) for review and final disposition. E. Complaint Response 1. The EECO administrator/designee will complete and provide the closing letter, along with the written report of investigative findings, to the complainant and to the appropriate administrator/designee. 2. The closing letter provided to the complainant must include the assurance that the District will not tolerate retaliation against the complainant for opposing District actions, reporting, or threatening to report such actions or for the complainants participation in an investigation of District actions. MEM- 4210.0 Office of the General Counsel May 28, 2008 Page 8 of 11


3. The closing letter provided to the complainant must also include notice of the complainants right to appeal the Districts decision. Local district decisions regarding programs listed in the General Information section may be appealed within fifteen (15) days to the Educational Equity Compliance Office and/or to the California Department of Education. VII. APPEALS A. Appeal to the Los Angeles Unified School District 1. Appeals to local district decisions involving allegations of discrimination/harassment may be appealed in writing within fifteen (15) days to the Districts Educational Equity Compliance Office. 2. These appeals may be directed to: Sue Spears, Director, Educational Equity Compliance Office Los Angeles Unified School District 333 South Beaudry Avenue - 20th Floor Los Angeles, California 90017 Telephone: (213) 241-7682 3. The complainant shall specify the reason(s) for appealing the decision and include a copy of the local district decision. The District will provide the investigator with access to records and/or other information related to the allegation in the complaint. A final written letter of findings will be provided to the complainant of the disposition of the appeal and rationale for the disposition. B. Appeals to the California Department of Education (CDE) 1. Appeals of decisions regarding educational programs listed in this document (found in the General Information section) may be appealed to the California Department of Education (CDE) Categorical Programs Complaints Management by filing a signed written appeal within fifteen (15) days after receiving the Districts decision. The written appeal should specify the reason(s) for appealing the decision and include a copy of the Districts decision. These appeals should be sent to: California Department of Education Categorical Programs Complaints Management 1430 N Street - Suite 5408 Sacramento, California 95814 2. Appeals of decisions regarding allegations of alleged discrimination/harassment listed in this document (found in the General MEM- 4210.0 May 28, 2008 Office of the General Counsel Page 9 of 11


Information section) may be appealed to the California Department of Education (CDE) Office of Equal Opportunity by filing a signed written appeal within fifteen (15) days after receiving the Districts decision. The written appeal should specify the reason(s) for appealing the decision and include a copy of the Districts decision. These appeals should be sent to: California Department of Education Office of Equal Opportunity 1430 N Street Suite 6019 Sacramento, California 95814 3. Appeals of decisions regarding special education compliance may be filed with the California Department of Education (CDE) Special Education Division by sending a signed written appeal within fifteen (15) days after receiving the Districts decision. The written appeal should specify the reason(s) for appealing the decision and include a copy of the Districts decision. These appeals should be sent to: California Department of Education Special Education Division Procedural Safeguards and Referral Services (PSRS) 1430 N Street - Suite 2401 Sacramento, California 95814 4. A person who alleges that he or she is a victim of discrimination may not seek civil remedies until at least sixty (60) days after the filing of an appeal with California Department of Education. 5. The sixty-day moratorium imposed by Section 262.3 (d) of the Education Code does not apply to injunctive relief and is applicable only if the District has appropriately, and in a timely manner, apprised the complainant of his or her right to file a complaint. (Extensions for filing such appeals may be granted, in writing, by the California Department of Education for good cause). VIII. CIVIL REMEDIES Pursuant to California Education Code (Section 262.3), persons who have filed a complaint should be advised that civil law remedies may be available to them.

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May 28, 2008 Page 10 of 11


AUTHORITY:

This is the policy of the District Superintendent of Schools. The following legal standard is applied to this policy: California Code of Regulations, Title 5, Sections 4600 - 4687

ASSISTANCE:

For further information, to ask questions, seek assistance regarding the filing of complaints under the Uniform Complaint Procedures, or have questions regarding appeal procedures, contact: Educational Equity Compliance Office (213) 241-7682 Barbara Perttula, Coordinator, Uniform Complaint Procedures Sue Spears, Director/Compliance Officer

ATTACHMENTS:

Attachment A UCP Complaint Form - English Attachment A UCP Complaint Form - Spanish UCP Brochure 2008-2009 - English UCP Brochure 2008-2009 Spanish

Translations of the above documents are also available in the following languages: Armenian, Chinese, Farsi, Korean, and Russian. To obtain the translations (Armenian, Chinese, Farsi, Korean, and Russian) of the UCP Complaint Form and UCP Brochure 2008-2009, please contact the Educational Equity Compliance Office at (213) 241-7682.

MEM- 4210.0 Office of the General Counsel

May 28, 2008 Page 11 of 11

Attachment A English Uniform Complaint Procedures Form

Los Angeles Unified School District

Uniform Complaint Procedures FormLast Name Student Name (if applicable) Street Address/Apt. # City Home Phone School/Office of Alleged Violation For allegation(s) of noncompliance, please check the program or activity referred to in your complaint, if applicable: Adult Education Career/Technical Education Child Development Programs For allegation(s) of unlawful discrimination/harassment, please check the basis of the unlawful discrimination/harassment described in your complaint, if applicable: Age Ancestry Color ___________ ___________ ___________ Ethnic Group Identification _______ Gender ________________ National Origin ________________ Race ________________ Religion _______________ Sex (Actual or Perceived) _________ Sexual Orientation (Actual or Perceived) _____________________ _______________________ Consolidated Categorical Programs Migrant and Indian Education Nutrition Services Special Education State Cell Phone Zip Code Work Phone First Name/MI Grade Date of Birth

Disability (Mental or Physical) ________ 1.

Based on association with a person or group with one or more of these actual or perceived characteristics Please give facts about the complaint. Provide details such as the names of those involved, dates, whether witnesses were present, etc., that may be helpful to the complaint investigator.

Attachment A English Uniform Complaint Procedures Form 2. Have you discussed your complaint or brought your complaint to any Los Angeles Unified School District personnel? If you have, to whom did you take the complaint, and what was the result?

3.

Please provide copies of any written documents that may be relevant or supportive of your complaint. I have attached supporting documents. Yes No

Signature

Date

Mail complaint and any relevant documents to: Sue Spears, Director Educational Equity Compliance Office Los Angeles Unified School District 333 South Beaudry Avenue - 20th Floor Los Angeles, CA 90017 Telephone: (213) 241-7682

Attachment ASpanish Uniform Complaint Procedures Form

Distrito Escolar Unificado de Los Angeles

Formulario del Procedimiento Uniforme de QuejasApellido Nombre del Estudiante (Si corresponde) Direccin/# de Apto. Ciudad Telfono (casa) Escuela/Oficina de Supuesta Violacin Para queja(s) de no conforme, favor de marcar el programa o actividad en referencia a su queja, si aplica: Educacin para Adultos Educacin Profesional y Tcnica Programas de Desarrollo Infantil Programas Consolidados de Ayuda Categrica Educacin de Estudiantes Migratorios e Indio Americanos Estado Telfono Celular Zona Postal Telfono (trabajo) Nombre/Inicial Grado Fecha de Nacimiento

Servicios de Alimentacin Educacin Especial

Para queja (s) de discriminacin ilegal/acoso, favor de marcar la base de la discriminacin ilegal/acoso describida en su queja, si aplica : Edad Ascendencia Color _____________ _____________ _____________ Identificacin de Grupo tnico ______ Genero Origen Nacional Raza ______________ ______________ ______________ Religin _______________ Sexo (Actual o percibida) ______percibida)

Orientacin sexual (Actual o _______________ ________________________

Discapacidad Fsica o Mental ______________________

Basado sobre la asociacin con una persona o grupo con una o mas de estas caractersticas actuales o percibidas. 1. Favor de explicar los hechos acerca de la queja. Favor de proporcionar los detalles como los nombres de las personas involucradas, fechas, si haba testigos presentes, etc., que puedan ser tiles para el investigador de quejas.

Attachment ASpanish Uniform Complaint Procedures Form2. Ha dialogado usted o trado su queja a cualquier personal del Distrito Escolar Unificado de Los Angeles? Si usted lo ha hecho, a quien le llevo la queja y cual fue el resultado?

3.

Favor de proporcionar copias de cualquier documento por escrito que puedan ser pertinentes o que apoyen su queja. He adjuntado documentos de apoyo. Si No

Firma

Fecha

Favor de enviar por correo la queja y documentos a: Sue Spears, Director Educational Equity Compliance Office Los Angeles Unified School District 333 South Beaudry Avenue - 20th Floor Los Angeles, CA 90017 Telfono: (213) 241-7682

How a Complaint is Investigated and AnsweredEach complaint is investigated by the appropriate District office, unit, division, branch, or local district office, which must be concluded within sixty (60) calendar days of the receipt of the written complaint. The investigation and District response include the following:1. Provide an opportunity for the person or organization complaining and District personnel to present information relevant to the complaint. 2. Obtain specific information from other persons who can provide relevant information concerning the complaint or were witnesses to the alleged violation indicated in the complaint. 3. Review related documents. 4. Prepare written report (in English and in the language of the complaint) of the investigative findings which contains the disposition and rationale for such disposition, including corrective action(s), if any, and suggested remedies, if applicable. 5. Conclude the review within 60 calendar days from the date of receipt of the complaint, unless the complainant agrees in writing to extend the time.

How to AppealPersons or organizations disagreeing with the District decision, including local district, central office, or school decision, have fifteen (15) days after receipt of the report of findings (decision) to file an appeal. The appeal must be in writing and include a copy of the original complaint, as well as a copy of the Districts decision provided to them. 1. If the original complaint involved one of the educational programs (listed 18) inside, the appeal should be sent to: State of California Department of Education 1430 N Street Sacramento, CA 95814 2. If the original complaint involved discrimination under the ADA, Section 504, Title VI, or Title IX, and the decision was provided by a local district, school, or other District office, the appeal may be directed to: Sue Spears, Director Educational Equity Compliance Los Angeles Unified School District 333 South Beaudry Ave. 20th Floor Los Angeles, CA 90017 Appeals of local site decisions involving Title VI or Title IX may also be directed to the California Department of Education (see address above) for resolution.

Uniform Complaint Procedures2008 2009

Educational Equity Compliance Office(213) 241-7682Effective July 2008UCP Brochure English

6. Notify the person or organization of appeal procedures.

Why This Brochure?The Los Angeles Unified School District has the primary responsibility to ensure compliance with applicable state and federal laws and regulations. The District shall seek to resolve those complaints in accordance with state law, Title 5, California Code of Regulations. These same complaint procedures may also be used to file complaints against the District which allege unlawful discrimination under the following federal laws: the Americans with Disabilities Act (ADA) or Section 504 (discrimination based on mental or physical disability); age; ancestry; ethnic group identification; religion; Title VI (discrimination based on race, color, or national origin), and Title IX (discrimination based on gender, actual or perceived sex, sexual orientation), or on the basis of a persons association with a person or group with one or more of these actual or perceived characteristics. Discrimination complaints must be filed within six months from the date the alleged discrimination occurred or the date when knowledge of the facts of the alleged discrimination was first obtained. This brochure provides notice by the District that these complaint procedures are available for use under the circumstances described in the brochure.

What Programs Are Covered?These complaint procedures cover the following educational programs: 1. 2. Adult Education Any other program or activity which receives or benefits from state financial assistance in which unlawful discrimination or harassment occurs against a protected group based on actual or perceived age, ancestry, color, disability (mental or physical), ethnic group identification, gender, national origin, race, religion, sex, or sexual orientation, or on the basis of a persons association with a person or group with one or more of these actual or perceived characteristics. Career and Technical Education Child Care and Development Consolidated Categorical Programs Migrant and Indian Education Nutrition Services Special Education

How to Submit a ComplaintAny person, organization, or public agency concerned about a violation of state or federal regulations governing an educational program listed in this brochure is to submit a written complaint to: Sue Spears, Director Educational Equity Compliance OfficeLos Angeles Unified School District

333 South Beaudry Avenue - 20th Floor Los Angeles, CA 90017 Any person with a disability or who is unable to prepare a written complaint can receive assistance from the siteadministrator/designee or by calling the Educational Equity Compliance Office at (213) 241-7682. 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.

3. 4. 5. 6. 7. 8.

The sixty (60) day time line for the investigation and District response shall begin when the complaint is received.

Cmo se Investiga y se Responde a una QuejaCada queja es investigada por la oficina apropiada del Distrito, unidad, divisin, rama, u oficina del distrito local, la cual debe ser concluida dentro de sesenta (60) das de calendario del recibo de la queja escrita. La investigacin y la respuesta del Distrito incluyen lo siguiente: 1. Brindar una oportunidad para la persona o la organizacin que haya presentado la queja y al personal del Distrito para presentar informacin relacionada con la queja. 2. Obtener informacin especfica personas que puedan informacin referente a la queja testigos de la violacin alegada en la queja. 3. Revisar documentos pertinentes. 4. Preparar un informe escrito (en ingls y en el idioma de la queja) de las conclusiones investigadas que contienen la disposicin y el razonamiento para tal disposicin, incluyendo accin(es) corregidas, si algunas, y soluciones recomendadas, si aplican. 5. El resumen terminara dentro de los 60 das de calendario desde la fecha de que se recibi la queja, a menos que el demandante por escrito est de acuerdo en extender el plazo. de otras proveer o fueron indicada

Cmo ApelarLas personas u organizaciones que estn en desacuerdo con la decisin del Distrito, incluyendo distritos locales, oficina central, o la decisin escolar, disponen de quince (15) das, despus de haber recibido el reporte de decisin para archivar una apelacin. La apelacin debe presentarse en escrito e incluir una copia de la queja original, y tambin una copia de la decisin tomada por el Distrito local provedo a ellos.

Procedimientos Uniformes para Presentar Quejas 2008 2009

1. Si la queja original tena que ver con uno de los programas educativos (enumerados de 1-8) dentro, la apelacin se le debe enviar a: State of California Department of Education 1430 N Street Sacramento, CA 958142. Si la queja original involucra discriminacin, bajo el ADA, Artculo 504, Ttulo VI, o el Ttulo IX, y la decisin fue proveda por un distrito local, escuela, u otra oficina del Distrito, la apelacin puede ser dirigida:

Sue Spears, Director Educational Equity Compliance Los Angeles Unified School District 333 South Beaudry Avenue 20th Floor Los Angeles, CA 90017 Apelaciones de las decisiones de sitios locales involucrando al Ttulo VI o al Ttulo IX pueden tambin ser dirigidas al California Departamento de Educacin (ver la direccin arriba) para su resolucin.

Oficina de Cumplimiento de la Equidad Educativa

(213) 241-7682Efectivo Julio 2008UCP Brochure - Spanish

6. Notificar a la persona o a la organizacin los procedimientos de apelacin.

El Porqu De Este FolletoEl Distrito Escolar Unificado de Los Angeles tiene la primera responsabilidad para asegurar acatamiento con las leyes y reglamentos estatales y federales aplicables. El Distrito buscar la manera de resolver estas quejas de acuerdo con la ley estatal, Ttulo 5, Cdigo de Reglamentos de California. Estos mismos procedimientos de quejas se pueden utilizar para presentar quejas contra el Distrito en las que se afirme que ha habido discriminacin ilegal bajo las siguientes leyes federales: la ley Americanos con Discapacidades (ADA) o Articulo 504 (discriminacin basada en discapacidades fsicas o mentales); edad; abolengo; identificacin segn el grupo tnico; religin; Titulo VI (discriminacin basada en la raza, color o origen nacional) y el Titulo IX (discriminacin basado en genero, actual o sexo percibido, orientacin sexual) o sobre la base de asociacin de una persona con otra o grupo con una o mas de estas caractersticas actuales o percibidas. Quejas de discriminacin deben presentarse dentro de seis meses a partir de la fecha en que la discriminacin ocurri o la fecha cuando se supo de la supuesta discriminacin por primera vez se obtuvo.El Distrito proporciona notificacin mediante este folleto que estos procedimientos de quejas estn disponibles para su uso bajo las circunstancias descritas.

Qu Programas Estn Incluidos?Estos procedimientos para presentar quejas cubren los siguientes programas educativos: 1. 2. Educacin para Adultos Cualquier programa o actividad que reciba o se beneficie de fondos estatales en el que ocurra discriminacin ilegal o acoso contra un grupo protegido basado en edad actual o percibida, abolengo, color, discapacidad (mental o fsica) identificacin segn el grupo tnico, genero, origen nacional, raza, religin, sexo, o orientacin sexual, o en la base de la asociacin de una persona con otra o grupo con una o mas de estas caractersticas actuales o percibidas. Educacin Vocacional y Tcnica Programas del Desarrollo de los Nios Programas Categricos Consolidados Educacin para Estudiantes Migratorios e Indio Americanos Servicios de Nutricin Programas de Educacin Especial

Cmo Se Presenta Una QuejaToda persona, organizacin, o entidad pblica preocupada por una violacin a los reglamentos federales o estatales que rigen alguno de los programas educativos mencionados en este folleto debe presentar una queja por escrito a: Sue Spears, Director Educational Equity Compliance Office Los Angeles Unified School District 333 South Beaudry Avenue - 20th Floor Los Angeles, CA 90017 Toda persona con una discapacidad o que es incapaz de preparar una queja escrita puede recibir asistencia del sitioadministrador/designado o llamando a la oficina Cumplimiento de la Equidad Educativa al (213) 241-7682. El Distrito garantiza confidencialidad en el mayor grado posible. El Distrito prohbe las represalias contra todo aquel que presente una queja o participe en el proceso de investigacin de dicha queja. Reclamantes se les notifica que podrn tener a su disposicin remedios jurdicos civiles.El plazo de sesenta (60) das de calendario para la investigacin y la respuesta del Distrito deber comenzar cuando se reciba la queja.

3. 4. 5. 6. 7. 8.

utla know your rights - complete

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