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Whom can I contact if I have concerns about my child’s school?Whom can I contact, if I have concerns about a school employee?Contact your child’s principal.See school directory

CONSTITUENT SERVICES OFFICE

The Board created the Constituent Services Office on June 13, 2007, and the main responsibilities are:

  • To provide an efficient pathway for families, community members and staff to resolve concerns informally and respond to formal complaints
  • Meet with parents, community members, and advocates to problem solve and facilitate resolution
  • Provide constituents with requests for district information and or other services
  • Resolve and/or respond to concerns related to Personnel, Williams Act, Uniform Complaints Procedures, special education, requests for information, and Public Records Acts (PRA) requests
  • Ensure that constituents receive a timely response for requests for information and services
  • Support and maintain the process of Board policies revision and review
  • Report on regular basis to the Superintendent and the Board regarding the services provided to constituents
  • Provide training to staff, parent groups, organizations, and advisory committees related to constituent services
  • Assist the district with legislation and government relations

Constituent Services can be reached at 457-3736.

It is the district’s goal to resolve most parents/guardians concerns or complaints informally and/or at the level closest to the concern/complaint as possible with the assistance of the school site administrators and the Ombudsperson, who is part of the Constituent Services Office. If this is not possible, or if parents/guardians wish to file a written complaint about, an employee, or unlawful discrimination, discriminatory harassment, intimidation, or bullying in district program and activities, or alleged violations of federal or state laws/regulations, or deficiencies related to instructional materials, the condition of a facility that is not maintained in a clean or safe manner or in good repair, a teacher vacancy or misassignment, or requiring students to pay fees, deposits for participating in educational activities; parents/guardians may initiate the formal complaint process.

The Constituent Services Office is responsible for receiving, logging, and distributing Personnel and Uniform Complaints to the Superintendent’s designees and to offer informal resolution or mediation through the Ombudsperson to resolve the complaint.

PROCEDURES FOR FILING COMPLAINTS

  1. Complaint forms are specific to the type of complaint (i.e., employee, program, discrimination, Williams Act, Uniform Complaints, etc.). Complaint forms are available at any school site, the Constituent Services Office or at www.fresnounified.org
  2. The process begins by completing a complaint form and returning it to the site administrator, department head, or the district person/department identified to receive the complaint.
  3. The complaint process is handled in a confidential manner. Retaliation for filing complaint is prohibited by law and Board policy.

COMPLAINTS CONCERNING SCHOOL PERSONNEL

(B.P./A.R. 1312.1)

Complaint forms can be obtained at any school site, the Constituent Services Office (457-3736) or at www.fresnounified.org . The form must be completed in full and submitted within three months of the alleged incident to the Constituent Services Office. If the complaint is not resolved informally, a written response will be submitted to the complainant within 40 working days.

ANNUAL NOTIFICATION OF THE UNIFORM COMPLAINT PROCEDURES (UCP)

(B.P./A.R. 1312.3)

To all students, employees, parents or guardians of its students, school and district advisory committee members, appropriate private school officials or representatives, and other interested parties:

The Fresno Unified School District has the primary responsibility to ensure compliance with applicable state federal laws and regulations and has established Uniform Complaint Procedures (UCP) to address and resolve any complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, and/or bullying in any district educational programs.

The Fresno Unified School District shall investigate all allegations of unlawful discrimination, discriminatory harassment, intimidation, or bullying against any person in district programs and activities, including, but not limited to, 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, color, ethnicity, national origin, immigration status, ancestry, age, creed, religion, political affiliation, gender, gender identity, gender expression, genetic information, mental or physical disability, sex, sexual orientation, martial status, pregnancy status or parental status, medical condition, military veteran status, or association with a person or a group with one or more of these actual or perceived characteristics or any other basis protected by law or regulation, in its educational program(s) or employment, or any other characteristic identified in Education Code 200 or 220, Penal Code 422.55, or Government Code 11135 or based on the 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 Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance. (5 CCR 4610).

The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in:

  • Accommodations for Pregnant and Parenting Pupils
  • Adult Education
  • After School Education and Safety Programs
  • Agricultural Career Technical Education
  • California State Preschool Programs and Health/Safety Issues
  • Child Care and Developmental Programs
  • Compensatory Education
  • Consolidated Categorical Aid Program
  • Course Periods Without Educational Content
  • Education of Pupils (Homeless, former Juvenile Court Pupils, and Children of Military Families)
  • Federal Every Student Succeeds Act
  • Local Control and Accountability Plans (LCAP)
  • Migrant Education
  • Physical Education Instructional Minutes
  • Pupil Fees
  • Reasonable Accommodations to a Lactating Pupil
  • Regional Occupational Centers and Programs
  • School Plans for Student Achievement
  • School Safety Plans
  • School-site Councils
  • State and Federal Career Technical Education, Career Technical and Training Programs

A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local UCP. A pupil fees or LCAP complaint may be filed anonymously if the complainant provides evidence or information leading to evidence to support the complaint. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.

Complaints of noncompliance with laws relating to pupil fees are filed with a principal of a school. A pupil fee complaint shall not be filed later than one year from the date the alleged violation occurred. 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, or equipment, or clothes associated with an educational activity.

Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families and pupils formerly in Juvenile Court now enrolled in a school district as specified in Education Code 48645.7 48853, 48853.5, 49069.5, 51225.1 and 51225.2. The notice shall include complaint process information, as applicable.

In order to identify appropriate subjects of state preschool health and safety issues pursuant to HSC Section 1596.7925, a notice shall be posted in each California state preschool program classroom in each school in the District. The notice shall (1) state the health and safety requirements under 5 CCR that apply to California state preschool programs pursuant to HSC Section 1596.7925 and (2) state the location at which to obtain a form to file a state preschool health and safety issues complaint pursuant to HSC Section 1596.7925.

Complaints should be filed in writing and signed by the complainant. However, if a complainant wishes to receive a response, the complainant must indicate that a response is required and provide contact information. If a complainant is unable to put their complaint in writing, for example, due to conditions such as a disability or illiteracy, district staff shall assist them in the filing of the complaint.

District Compliance Officers

The Governing Board designates the following compliance officer(s) to receive formal and informal complaints from constituents, including students, and investigate them to ensure district compliance with law (Title II, V, IX, Title 5, Section 504 of the Rehabilitation Act):

Equity Compliance Officer Constituents Services Office Address: 2309 Tulare Street, Room 218 Fresno, CA 93721 Telephone Number: (559) 457-3736 FAX: (559) 457-3933 Email: Constituent.Services@fresnounified.org

Chief of Human Resources Title IX Officer/AgeDA (Discrimination Act) Human Resources Address: 2309 Tulare Street, Fresno, CA 93721 Telephone Number: (559) 457-3593 FAX: (559) 457-3528 Email: titleix@fresnounified.org

Instructional Superintendent Special Education Office Address: 890 S. 10th St., Fresno, CA 93702 Telephone Number: (559) 457-3226 FAX: (559) 457-3258 Email: SPEDLeadership@fresnounified.org

Section 504 Coordinator Fresno Unified School District Address: 890 S. 10th St., Fresno, CA 93702 Telephone Number: (559) 457-3220 FAX: (559) 457-3258 Email: 504@fresnounified.org

Complaints alleging unlawful discrimination, discriminatory harassment, intimidation or bullying must be filed not later than six (6) months from the date the alleged incident occurred or six months from the date the complainant first obtained knowledge of the facts of the alleged discrimination, discriminatory harassment, intimidation or bullying. The time for filing may be extended for up to 90 days by the Superintendent or designee for good cause upon written request by the complainant setting forth the reasons for the extension. As appropriate for any complaint alleging retaliation, unlawful discrimination, discriminatory harassment, intimidation, or bullying, the Superintendent or designee may keep the identity of the complainant confidential to the extent that the investigation of the complaint is not obstructed. Complaints shall be investigated in a manner that protects the confidentiality of the parties and maintaining the integrity of the process.

Complaints will be investigated, and a written decision or report will be sent to the complainant within sixty (60) calendar days from the date of the receipt of the complaint, unless the complainant agrees in writing to an extension of time. The Local Educational Agency (LEA) person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted under section 4621.

The complainant has a right to appeal the LEA’s decision to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving the LEA’s decision. In any complaint alleging unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the respondent also shall have the right to file an appeal with the CDE in the same manner as the complainant, if they are dissatisfied with the district’s decision. The appeal must include a copy of the complaint filed with the LEA and a copy of the LEA’s decision. In appropriate cases, an appeal may be filed pursuant to Education Code Section 262.3. A complainant may pursue available civil law remedies outside of the LEA’s complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys.

The district prohibits retaliation in any form for filing a complaint and shall ensure that complainants or anyone who has acted to uncover or report a violation subject are protected from retaliation. The UCP shall also be used when addressing complaints alleging retaliation against a complainant or other participant in the complaint process. A copy of the Fresno Unified School District’s UCP policy and complaint procedures shall be available free of charge and is available on the district’s website.

NON-UCP COMPLAINTS

The following complaints shall not be subject to the district’s UCP; however non-UCP complaints shall be referred to the specified agency for appropriate resolution (5 CCR 4611):

  1. Any complaint alleging child abuse or neglect shall be referred to the County Department of Social Services Protective Services Division and the appropriate law enforcement agency (5 CCR 4611; cf. 5141.4 – Child Abuse Prevention and Reporting).
  2. Any complaint alleging health and safety violations by a child development program shall, for licensed facilities, be referred to Department of Social Services. (5 CCR 4611).
  3. Any complaint alleging that a student, while in an education program or activity in which the district exercises substantial control over the context and respondent, was subjected to sexual harassment as defined in 34 CFR 106.30 shall be addressed through the federal Title IX complaint procedures adopted pursuant to 34 CFR 106.44-106.45, as specified in AR 5145.71 – Title IX Sexual Harassment Complaint Procedures.
  4. Any complaint alleging employment discrimination or harassment shall be investigated and resolved by the district in accordance with the procedures specified in AR 4030 – Nondiscrimination in Employment, including the right to file the complaint with the California Department of Fair Employment and Housing.
  5. Any complaint alleging a violation of a state or federal law or regulation related to special education, a settlement agreement related to the provision of a free appropriate public education, (FAPE), failure or refusal to implement a due process hearing order to which the district is subject, or a physical safety concern that interferes with the district’s provision of FAPE shall be submitted to the California Department of Education (CDE) in accordance with AR 6159.1 – Procedural Safeguards and Complaints for Special Education (5 CCR 3200-3205).
  6. Any complaint alleging noncompliance of the district’s food service program with laws regarding meal counting and claiming, reimbursable meals, eligibility of children or adults, or use of cafeteria funds and allowable expenses shall be filed with or referred to CDE in accordance with BP 3555 – Nutrition Program Compliance (5 CCR 15580-15584).
  7. Any allegation of discrimination based on race, color, national origin, sex, age, or disability in the district’s food service program shall be filed with or referred to the U.S. Department of Agriculture in accordance with BP 3555 – Nutrition Program Compliance (5 CCR 15582).
  8. Any complaint related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, teacher vacancies and misassignments, shall be investigated and resolved in accordance with the procedures in AR 1312.4 – Williams Uniform Complaint Procedures (Education Code 35186).

WILLIAMS UNIFORM COMPLAINT PROCEDURES

Notice to Parents, Guardians, Pupils, and Teachers; Complaint Rights

E.C. 35186; A.R. 1312.4; E 1312.4 (a)

Education Code 35186 requires that the following notice be posted in your child’s classroom.

  • There should be sufficient textbooks and instructional materials.
  • School facilities must be clean, safe, and maintained in good repair. Good repair means that the facility is maintained in a manner that assures that it is clean, safe and functional as determined by the Office of Public School Construction; and an adequate supply of menstrual products, available and accessible, free of cost in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom. For purposes of this section, menstrual products means menstrual pads and tampons for use in connection with the menstrual cycle (Education Code 35292.6).
  • There should be no teacher vacancies or misassignments.

To file a complaint alleging the above conditions, a Williams Uniform Complaint form can be obtained at any school site, the Constituent Services Office (457-3736), or at www.fresnounified.org. Copies of the local educational agency complaint procedures shall be available free of charge. Williams Uniform Complaints may be filed anonymously. However, if you wish to receive a response to your complaint, you must indicate that a response is required and must provide contact information.

TITLE IX: DISCRIMINATION BASED ON SEX

E.C. 221.61; B.P. 0410; A.R. 5145.71

The Fresno Unified School District is committed to providing educational programs, activities and services that are free from unlawful discrimination based on actual or perceived legally protected characteristics, or association with a person or group with one or more of such characteristics, including sex, sexual orientation, gender, gender identity, and gender expression, as required by Title IX of the Education Amendments of 1972. The District’s general nondiscrimination/harassment policy is found in Board Policy No. 0410.

Key areas addressed by Title IX include athletics; sexual misconduct; including sexual harassment and sexual violence; pregnant and parenting students; off-campus activities; recruitment and admission; and employment. Schools must protect against discrimination in these areas. Schools must also prohibit retaliation against any person for opposing an unlawful practice or policy, or filing, testifying about or participating in any complaint under Title IX. The UCP shall also be used to file complaints with the Title IX compliance officer. For more information, please visit:

  • District’s Title IX webpage at https://www.fresnounified.org/sites/board/cs/Pages/Title-IX-Notification.aspx
  • California Office of Equal Opportunity at https://www.cde.ca.gov/re/di/or/oeo.asp
  • United States Department of Education Office of Civil Rights at https://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Nondiscrimination In District Programs And Activities

B.P. 0410

The Governing Board is committed to providing equal opportunity for all individuals in district programs and activities. District programs, activities, and practices or school attendance within a school under the jurisdiction of the Superintendent shall be free from unlawful discrimination, including discrimination against an individual or group based on race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age (40 and above), religion, marital status, pregnancy, parental status, childbirth, breast feeding/lactation status, medical condition, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information; a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics.

All individuals shall be treated equitably in the receipt of district and school services. Personally identifiable information collected in the implementation of any district program, including, but not limited to, student and family information for the free and reduced-price lunch program, transportation, or any other educational program, shall be used only for the purposes of the program, except when the Superintendent or designee authorizes its use for another purpose in accordance with law. Resources and data collected by the district shall not be used, directly or by others, to compile a list, registry, or database of individuals based on race, gender, sexual orientation, religion, ethnicity, national origin, or immigration status or any other category identified above.

District programs and activities shall also be free of any racially derogatory or discriminatory school or athletic team names, mascots, or nicknames.

The Superintendent or designee shall review district programs and activities to ensure the removal of any derogatory or discriminatory name, image, practice, or other barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing district programs and activities, including the use of facilities. He/she shall take prompt, reasonable actions to remove any identified barrier.

All allegations of unlawful discrimination in district programs and activities shall be investigated and resolved in accordance with the procedures specified in AR 1312.3 – Uniform Complaint Procedures.

Pursuant to 34 Code of Federal Regulations (CFR) 104.8 and 34 CFR 106.9, the Superintendent or designee shall notify students, parents/guardians, employees, employee organizations, applicants for admissions and employment, and sources of referral for applicants about the district’s policy on nondiscrimination and related complaint procedures. Such notification shall be included in the annual parental notification distributed pursuant to Education Code 48980 and, as applicable,in announcements, bulletins, catalogs, application forms, or other materials distributed by the district. As appropriate, such notification shall be posted in district schools and offices, including staff lounges, student government meeting rooms, and other prominent locations and shall be posted on the district’s web site and, when available, district-supported social media.

In addition, the annual parental notification shall inform parents/guardians of their children’s right to a free public education regardless of immigration status or religious beliefs, including information on educational rights issued by the California Attorney General. Alternatively, such information may be provided through any other cost-effective means determined by the Superintendent or designee. (Education Code 234.7)

The Governing Board designates the following compliance officer (s) to receive formal and informal complaints from constituents, including students, and investigate them to ensure district compliance with law (Title II, V, IX, Title 5, Section 504 of the Rehabilitation Act):

Equity Compliance Officer Constituent Services Office Fresno Unified School District 2309 Tulare Street Fresno, California 93721 (559) 457-3736 Constituent.Services@fresnounified.org

Section 504 Coordinator Fresno Unified School District 890 S. 10th St., Fresno, CA 93702 (559) 457-3220 504@fresnounified.org

Chief of Human Resources Title IX Officer/Age DA (Discrimination Act) Fresno Unified School District 2309 Tulare Street Fresno, California 93721 (559) 457-3593 titleix@fresnounified.org

Instructional Superintendent Special Education Office Fresno Unified School District 890 S. 10th St., Fresno, CA 93702 (559) 457-3226 spedleadership@fresnounified.org

Concurrently the Board reaffirms its commitment to promote diversity training, racial harmony among its students, staff and the community; and to promote education that is anti-racist and multi-cultural.

The district’s nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a school’s students speak a single primary language other than English, those materials shall be translated into that other language.

Access for Individuals with Disabilities

District programs and facilities viewed in their entirety, shall be in compliance with the Americans with Disabilities Act (ADA) and any implementing standards and/or regulations. When structural changes to existing district facilities are needed to provide individuals with disabilities access to programs, services, activities, or facilities, the Superintendent or designee shall develop a transition plan that sets forth the steps for completing the changes.

The Superintendent or designee shall ensure that the district provides auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program, or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, assistive technologies or other modifications to increase accessibility to district and school web sites, note-takers, written materials, taped text, and Braille or large print materials.

Individuals with disabilities shall notify the Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to a school-sponsored function, program, or meeting

The individual identified in A.R. 1312.3 – Uniform Complaint Procedures as the employee responsible for coordinating the district’s response to complaints and for complying with state and federal civil rights laws is hereby designated as the district’s ADA coordinator. He/she shall receive and address requests for accommodation submitted by individuals with disabilities, and shall investigate and resolve complaints regarding their access to district programs, services, activities, or facilities.

Director of Benefits and Risk Management Title II/ADA Coordinator 2309 Tulare Street Fresno, CA 93721 Phone (559) 457-3520 Fax (559) 457-3838

GENDER AND IDENTITY INCLUSION

B.P. 5145.31

The Governing Board is committed to addressing the safety needs of all students, including those needs related to a student’s actual or perceived gender identity, gender expression, or sexual orientation. The purpose of this Board Policy is to set out guidelines regarding issues related to transgender and gender expansive/gender non-conforming students.

The Board recognizes that a safe and civil school environment is necessary for students to have equal access and opportunities in the district’s academic, extracurricular, and other educational support programs, services, and activities; and is integral to student success.

The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying targeted at any student by anyone, based on the student’s actual or perceived sex, sexual orientation, gender, gender identity, or gender expression, race, ancestry, national origin, immigration status, ethnicity, ethnic group identification, age, religion, color, marital status, medical information, pregnancy or parental status, physical or mental disability, age or, the perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics (42 USC 2000d-2000e-17, 20 USC 1681-1688, Education Code 200, 220, 221.5 (f)).

Formal and Informal Complaints regarding discrimination and inquiries regarding the district’s nondiscrimination policies should be directed to the following:

Compliance Coordinators:

Equity Compliance Officer Title 5 Compliance Officer Constituents Services Office 2309 Tulare Street, Room 218 Fresno, California 93721
(559) 457-3736

Section 504 Coordinator Fresno Unified School District
890 S. 10th St., Fresno, CA 93702
(559) 457-3220

Chief, Human Resources
Title IX Officer/AgeDA (Discrimination Act)
Fresno Unified School District
2309 Tulare Street, Fresno, California 93721
(559) 457-3593

Instructional Superintendent
Special Education Office
Fresno Unified School District 890 S. 10th St., Fresno, CA 93702
(559) 457-3226

All above staff can also be contacted at titleix@fresnounified.org or by visiting www.fresnounified.org

Referrals of Complaints to Other Agencies

The following complaints shall be referred to the specified agency named in each complaint:

  1. Allegations of child abuse shall be referred to the County Department of Social Services Protective Services Division and 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 and the appropriate Child Development Regional Administration Administrator.
  3. Discrimination issues involving Child Nutrition Programs shall be referred to the USDA, Director, Office for Civil Rights (OCR). http://www.fns.usda.gov/civil-rights
  4. Employment discrimination or harassment complaints shall be investigated and resolved by the district in accordance with the procedures specified in A.R. 4030 – Nondiscrimination in Employment including the right to file the complaint with the California Department of Fair Employment and Housing.
  5. Any complaint alleging fraud shall be referred to the Legal, Audits and Compliance Branch of the California Department of Education.

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