Understanding the Complaint Process

There are a number of complaints that families can file. For incidents of discrimination and/or bias, the Uniform Complaint Process is key.

  1. Determining if a discriminatory incident has occurred.

    If your student feels targeted based on their sincerely held religious beliefs, ethnic background, or national origin, you may have grounds for a discrimination complaint. Discrimination can be found in Instructional materials, such as classroom slides or handouts, in classroom speech, or by posters and signs in the classroom.

  2. Reach out to your district.

    If you have found an issue at your school, first speak with your teacher, and see if the issue can be resolved or if corrective action can be agreed upon.

  3. If the discriminatory behavior continues or is unresolved, you can file a Uniform Complaint Procedure (UCP).

    This will formalize your complaint and should trigger a district investigation. A UCP can be filed by a parent directly and/or with legal help.

    You must include your allegations and evidence. It is prudent to include any Educational Code and Board Policy violations.

  4. Your complaint should be sent to your Superintendent, and your Board of Trustees.

  5. A district investigator or HR coordinator will reach out to you to investigate your complaint. Your student will likely be interviewed. Please note interviews and investigations can be done anonymously.

  6. Your district will provide a Determination and Investigatory Report. This can be appealed within 30 days to the California Department of Education.

If your family has experienced a discriminatory incident, and would like to discuss with an experienced attorney, please contact Emet Legal.

ALLEGATION EXAMPLES

  • Student A was targeted due to his/ her religious beliefs when the teacher introduced opinionated one-sided arguments against Zionism.

  • Teacher B’s classroom materials were discriminatory because taught that my religion was violent and oppressive.

  • The Districts Ethnic Studies materials are discriminatory because they exclude Hindu perspectives but discuss South Asian communities.