The district shall use the following procedures to investigate and resolve complaints when the complainant alleges that any of the following has occurred: (Education Code 35186)
1. Textbooks and instructional materials
a. A student, including an English learner, does not have standards-aligned textbooks or instructional materials or state- or district-adopted textbooks or other required instructional materials to use in class.
b. A student does not have access to textbooks or instructional materials to use at home or after school.
c. Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage.
(cf. 6161.1 - Selection and Evaluation of Instructional Materials)
2. Teacher vacancy or misassignment
a. A semester begins and a teacher vacancy exists.
b. A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner students in the class.
c. A teacher is assigned to teach a class for which the teacher lacks subject matter competency.
Vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. (Education Code 33126)
Beginning of the year or semester means that the first day classes necessary to serve all the students enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day students attend classes for that semester. (5 CCR 4600)
Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (Education Code 35186; 5 CCR 4600)
(cf. 4112.22 - Staff Teaching Students of Limited English Proficiency)
(cf. 4112.2 - Certification)
(cf. 4113 - Assignment)
3. Facilities
a. A condition poses an emergency or urgent threat to the health or safety of students or staff.
Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of students or staff while at school, including but not limited to gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems; electrical power failure; major sewer stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to students or staff; or structural damage creating a hazardous or uninhabitable condition. (Education Code 17592.72)
b. A school restroom has not been cleaned, maintained, or kept open in accordance with Education Code 35292.5.
Clean or maintained school restroom means a school restroom has been cleaned or maintained regularly, is fully operational, or has been stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. (Education Code 35292.5)
Open restroom means, except as necessary or student safety or to make repairs, the school has kept all restrooms open during school hours when students are not in classes and has kept a sufficient number of restrooms open during school hours when students are in classes. (Education Code 35292.5)
4. High School Exit Exam
a. A student, including an English learner, who has not passed the exit exam by the end of grade 12 was not provided the opportunity to receive intensive instruction and services pursuant to Education Code 37254(d)(4) and (5) after completion of grade 12 for two consecutive academic years or until the student has passed both parts of the exam, whichever comes first. (Education Code 35186).
(cf.6162.52-High School Exit Examination)
(cf. 6179-Supplemental Instruction) |