Uniform Complaint Procedure/Non-Discrimination

California Education Code §221.8- Summary of Student Rights

• You have the right to fair and equitable treatment and to be free from discrimination based on your sex.
• You have the right to an equitable opportunity to participate in all academic and extracurricular activities, including athletics.
• You have the right to ask the athletic director of your school about the athletic opportunities offered by the school.
• You have the right to apply for athletic scholarships.
• You have the right to equitable treatment and benefits in:
• Equipment and supplies
• Scheduling of games and practices
• Transportation and daily allowances
• Access to tutoring
• Coaching
• Locker rooms
• Practice and competitive facilities
• Medical and training facilities and services
• Publicity
• You have access to a gender equity coordinator to answer questions about gender equity laws.
• You have the right to contact the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for information on gender equity laws.
• You have the right to file a confidential discrimination complaint with the United States Office for Civil Rights (OCR) or CDE if you believe you have been discriminated against or received unequal treatment on the basis of your sex.
• You have the right to pursue civil remedies if you have been discriminated against.
• You have the right to be protected from retaliation if you file a discrimination complaint.
• Pregnant students and teen parents have a right to equal education and full participation, and they have the right to remain in their regular or current school program, including special education and non-public school placements, alternative/options programs, free and reduced lunch programs and services for English Learners, and any other programs for which they are otherwise qualified.

California Education Code §230- Definition of Discrimination and Harassment Based on Sex

For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices:

• On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity
• On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a  foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex.
• On the basis of sex,  exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect.
• An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests:
• Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments.
• Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex.
• Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program.
• If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws.
• It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003.
• On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification.
• On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions.

(Amended by Stats. 2003, Ch. 660, Sec. 1. Effective January 1, 2004.)

California Education Code §234.6

(a) For purposes of this article, “local educational agency” means a county office of education, school district, state special school, or charter school.

(b) Commencing with the 2020–21 academic year, each local educational agency shall ensure that all of the following information is readily accessible in a prominent location on the local educational agency’s existing internet website in a manner that is easily accessible to parents or guardians and pupils:

(1) The local educational agency’s policy on pupil suicide prevention in grades 7 to 12, inclusive, adopted pursuant to Section 215.

(2) The local educational agency’s policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive, adopted pursuant to Section 215, including reference to the age appropriateness of that policy.

(3) The definition of discrimination and harassment based on sex as described in Section 230. This shall include the rights set forth in Section 221.8.

(4) The Title IX information included on a local educational agency’s internet website pursuant to Section 221.61.

(5) A link to the Title IX information included on the department’s internet website pursuant to Section 221.6.

(6) The local educational agency’s written policy on sexual harassment, as it pertains to pupils, prepared pursuant to Section 231.5.

(7) The local educational agency’s policy, if it exists, on preventing and responding to hate violence as described in Section 233.

(8) The local educational agency’s anti-discrimination, anti-harassment, anti-intimidation, and anti-bullying policies as described in Section 234.1.

(9) The local educational agency’s anti-cyberbullying procedures adopted pursuant to Section 234.4.

(10) A section on social media bullying that includes all of the following references to possible forums for social media bullying:

(A) Internet websites with free registration and ease of registration.

(B) Internet websites offering peer-to-peer instant messaging.

(C) Internet websites offering comment forums or sections.

(D) Internet websites offering image or video posting platforms.

(11) A link to statewide resources, including community-based organizations, compiled by the department pursuant to Section 234.5.

(12) Any additional information a local educational agency deems important for preventing bullying and harassment.

(c) Commencing with the 2025–26 academic year, each local educational agency shall ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent location on the local educational agency’s internet website in a manner that is easily accessible to parents or guardians and pupils.

(Amended by Stats. 2024, Ch. 907, Sec. 2. (SB 939) Effective January 1, 2025.)

Hate Motivated Behavior

The Superintendent or designee shall design strategies to promote harmonious relationships among students, prevent incidents of hate-motivated behavior to the extent possible, and address such incidents if they occur. The District shall provide counseling, guidance, and support to students who are victims of hate-motivated behavior and to students who exhibit such behavior. The District shall provide staff with training on recognizing and preventing hate-motivated behavior and on effectively enforcing rules for appropriate student conduct.

 A student or parent/guardian who believes the student is a victim of hate-motivated behavior is strongly encouraged to report the incident to a teacher, the principal, or other staff members. Any staff member notified that hate-motivated behavior has occurred, observes such behavior, or otherwise becomes aware of an incident shall immediately contact the principal or the compliance officer responsible for coordinating the District's response to complaints and complying with state and federal civil rights laws. As appropriate, he/she shall also contact law enforcement. Any complaint of hate-motivated behavior shall be investigated and, if determined to be discriminatory, shall be resolved in accordance with law and the District's uniform complaint procedures specified in AR 1312.3 - Uniform Complaint Procedures.

If, during the investigation, it is determined that a complaint is about nondiscriminatory behavior, the principal or designee shall inform the complainant and shall take all necessary actions to resolve the complaint.

Beaumont USD Hate Motivated Behavior Board Policy

Williams Complaint

A Williams Complaint, another type of UCP complaint, regards instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment and may be filed anonymously. Local educational agencies (LEAs) shall have a complaint form available for these types of complaints but will not reject a complaint if the form is not used as long as the complaint is submitted in writing.