Accountability and Compliance
- School Accountability Report Card
- Local Control Accountability Plan (LCAP)
- Education Protection Account Funds
- Student & School Safety
- Complaint Procedures & Forms
- Title IX
- Title II
- Prop 28
- ELOP
- LREBG
School Accountability Report Card
Local Control Accountability Plan (LCAP)
Education Protection Account Funds
Student & School Safety
Complaint Procedures & Forms
Formal Complaints
Complaint Procedures
If you would like to make a formal complaint, please review Board Policy 3.061616.
Title IX Complaint Policy Form
Title II Complaint Policy Form
Charter School Complaint Notice
California Education Code Requirements
California Education Code (EC) Section 47605(d)(4) states the following:
- A charter school shall not discourage a pupil from enrolling or seeking to enroll in a charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the following characteristics:
- Academically low achieving
- Economically disadvantaged (determined by eligibility for any free or reduced-price meal program)
- English learner
- Ethnicity
- Foster youth
- Homeless
- Nationality
- Neglected or delinquent
- Race
- Sexual orientation
- Pupils with disabilities
- A charter school shall not request a pupil's records or require the parent, guardian, or pupil to submit the pupil's records to the charter school before enrollment.
- A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason (except for suspension or expulsion).
- This notice shall be posted on a charter school's Internet website and a charter school will provide copies of this notice (1) when a parent, guardian, or pupil inquires about enrollment; (2) before conducting an enrollment lottery, and (3) before disenrollment of a pupil.
Complaint Procedures: In order to submit a complaint, complete the Charter School Complaint Form and submit the form to the charter school authorizer, electronically or in hard copy, to the following location:
Contra Costa County Office of Education
77 Santa Barbara Rd.
Pleasant Hill, CA 94523-4201
nmcchesney@cccoe.k12.ca.us
(925) 942-3385
Title IX
The following is information regarding your rights and Charter School’s responsibilities regarding Title IX:
Title IX Coordinator Contact Information
All complaints and reports of conduct that may constitute sex discrimination including sex-based
harassment should be submitted to our Title IX Coordinator, who can be reached at:
Tiana Freiri
tiana.freir@cocospa.org
925-235-1130
2730 Mitchell Dr.
Walnut Creek, CA 94598
Confidential Employees
Karen Montgomery
Middle School Director
2730 Mitchell Dr.
Walnut Creek, CA 94598
925-235-1130
A confidential employee’s status as confidential, for Title IX purposes, is only with respect to
information received while the employee is functioning within the scope of their duties to which
privilege or confidentiality applies or with respect to information received about sex
discrimination in connection with providing services to persons related to sex discrimination.
What is Title IX?
Title IX (20 U.S.C. § 1681 et seq.; 34 C.F.R. Part 106) states, “No person in the United States
shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any education program or activity receiving Federal financial
assistance. . .” In accordance with Title IX and California state law, Contra Costa School of
Performing Arts (“Charter School”) does not discriminate on the basis of sex in its education
program or activities, including employment and admissions.
Your Rights and Responsibilities Under Title IX
(a) You have the right to fair and equitable treatment, and you shall not be discriminated against
based on your sex.
(b) You have the right to be provided with an equitable opportunity to participate in all academic
extracurricular activities and athletics offered by Charter School.
(c) You have the right to inquire of the athletic director or other appropriate Charter School
administrator as to the athletic opportunities offered by Charter School, if any.
(d) You have the right to apply for athletic scholarships.
(e) You have the right to receive equitable treatment and benefits in the provision of all of the
following:
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.
(f) You have the right to have access to a gender equity coordinator to answer questions
regarding gender equity laws. The gender equity officer is the Title IX Coordinator. Inquiries
about the application of Title IX and 34 C.F.R. Part 106 to Charter School may be referred to the
Title IX Coordinator, to the Office for Civil Rights of the U.S. Department of Education
(“OCR”), or both.
(g) You have the right to contact the California Department of Education (“CDE”) and the
California Interscholastic Federation (“CIF”) to access information on gender equity laws.
(h) You have the right to file a confidential discrimination complaint with OCR or CDE if you
believe you have been discriminated against or if you believe you have received unequal
treatment on the basis of your sex. See below for more information regarding how to file a
complaint.
(i) You have the right to pursue civil remedies if you have been discriminated against.
(j) You have the right to be protected against retaliation if you file a discrimination complaint.
(k) You can find out more information regarding your rights, Charter School’s responsibilities,
and access information on gender equity laws from the following resources:
- CIF: http://www.cifstate.org/governance/equity/index
- CDE, Office for Equal Opportunity: https://www.cde.ca.gov/re/di/or/oeo.asp
- CDE, Gender Equity/Title IX: https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
- OCR: https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/sex-pr.html
Statewide Resources for Youth Subjected to Discrimination or Harassment
You can find a list of community-based organizations that provide support to youth, and their
families, who have been subjected to school-based discrimination, harassment, intimidation, or
bullying at: https://www.cde.ca.gov/re/di/eo/
Definition of Discrimination and Harassment Based on Sex Under Ed. Code Section 230
Harassment and other discrimination on the basis of sex include, but are not limited to, the
following practices:
(a) 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.
(b) 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.
(c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in,
athletic programs. “Equivalent” means equal or equal in effect.
(d) 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.
(e) 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.
How to File a Complaint Under Title IX
(a) You can find more information regarding how to file a complaint as follows:
OCR websites:
o https://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rto
https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
o https://ocrcas.ed.gov/welcome-to-the-ocr-complaint-assessment-system
CDE website:
o https://www.cde.ca.gov/re/di/eo/genequitytitleix.asp
Charter School’s Uniform Complaint Procedures (“UCP”), Title IX Policy Prohibiting
Discrimination on the Basis of Sex, and Harassment, Intimidation, Discrimination, and
Bullying Policy. Please see the main office or the Charter School website for a complete
copy of these policies. A link to the Charter School Title IX Policy Prohibiting
Discrimination on the Basis of Sex, which includes the specific rules and procedures for
reporting sex discrimination and sex-based harassment occurring within Charter
School’s education program or activities and for pursuing available remedies, can be
found here: [INSERT LINK TO FULL TITLE IX POLICY]
(b) A complaint regarding discrimination or harassment based on sex must ordinarily be filed
with the OCR within 180 days of the last act of discrimination. If your complaint involves
matters that occurred longer than this and you are requesting a waiver, you will be asked to show
good cause why you did not file your complaint within the 180-day period. If you have questions
about your situation, you can contact the California branch of OCR at the address listed below. A
complaint filed with Charter School under our UCP alleging unlawful discrimination,
harassment, intimidation or bullying must be initiated no later than six (6) months from the date
when the alleged unlawful discrimination, harassment, intimidation or bullying occurred, or six
(6) months from the date when the complainant first obtained knowledge of the facts of the
alleged unlawful discrimination, harassment, intimidation or bullying.
(c) OCR has its own policies and procedures for investigating complaints. Please review the
above link for more information about this process. A complaint filed with Charter School under
our UCP or Title IX Policy Prohibiting Discrimination on the Basis of Sex will be investigated in
compliance with those policies, as applicable.
(d) There are a variety of ways to file your complaint. You can use the OCR electronic complaint
form filed directly through their website; or mail, email, or send by facsimile your own letter or a
completed copy of the OCR Discrimination Complaint Form.
- The electronic complaint form is available at https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
You can send a completed version of this form or your own letter via email, facsimile, or
regular mail to the following addresses:
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue SW
Washington, D.C. 20202
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: ocr@ed.gov
***
San Francisco Office
Office for Civil Rights
U.S. Department of Education
50 United Nations Plaza
Mail Box 1200, Room 1545
San Francisco, CA 94102
Telephone: 415-486-5555
FAX: 415-486-5570; TDD: 800-877-8339
Email: ocr.sanfrancisco@ed.gov
To file a UCP or complaint under our Title IX Policy Prohibiting Discrimination on the Basis
of Sex directly with Charter School, please follow procedures set forth in those policies.
Title II
What is the ADA?
The Americans with Disabilities Act of 1990 (ADA) provides civil rights protections to individuals with disabilities like those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
The ADA has five sections or "titles" which address different areas of the law. Title II of the ADA addresses state and local governments, such as Contra Costa County. Title II protects qualified individuals with disabilities from discrimination on the basis of disability in accessing government services, programs, or activities.
Who are individuals with disabilities?
The ADA protects three categories of individuals:
- Individuals who have a physical or mental disability that substantially limits one or more major life activities - including blindness, deafness, cerebral palsy, cancer, heart disease; mental retardation, brain injury, emotional or mental illness, and specific learning disabilities.
- Individuals who have a record of a physical or mental disability that substantially limited one or more of the individual's major life activities, including people who have recovered from mental or emotional illness, drug addiction, heart disease, or cancer.
- Individuals who are regarded as having such a disability, regardless of whether they have the disability. Common examples are someone who is obese or someone who is scarred due to injury, where there is no functional implication, but people may regard the person differently.
Who are "qualified" individuals with disabilties?
To be qualified, the individual must meet the essential eligibility requirements for receipt of services or participation in county programs, activities, or services with or without
- Reasonable modifications to a public entity's rules, policies, or practices;
- Removal of architectural, communication, or transportation barriers; or
- Provision of auxiliary aids and services.
Health and safety factors can be taken into account in determining who is qualified. An individual who poses a "direct threat" to the health or safety of others is not qualified. A direct threat is a significant risk of substantial harm to the health or safety of others that cannot be eliminated or reduced to an acceptable level by accommodations or modifications to the program. This threat must be real and may not be based on generalizations or stereotypes about the effects of a particular disability.
What are the requirements of Title II?
Equality in participation and benefits: Those with disabilities must have an equally effective opportunity to participate in or benefit from county programs, services, and activities. (See the "Equally Effective Communication" section below.)
Examples -
- A deaf individual does not experience equal opportunity to benefit from attending a public meeting if she does not have access to what is said through an interpreter or by using an assistive listening device.
- Someone who uses a wheelchair will not have an equal opportunity to participate in a program if applications must be filed in a second floor office of a building without an elevator
- Use of printed information alone is not equally effective for those with low vision who cannot read regular written material.
Integrated setting ("mainstreaming"): Individuals with disabilities cannot be excluded from regular programs or required to accept accommodations. CocoSPA may offer separate or special programs when necessary to provide people with disabilities an equal opportunity to benefit from the programs. Examples -
- A recreation department sponsors a separate basketball team for wheelchair users.
- A museum offers a tour for blind people which permits them to touch and handle specific objects on a limited basis (but cannot exclude a blind person from the standard tour).
Eligibility criteria and medical inquiries: CocoSPA's eligibility criteria for participation in its programs, services, or activities must not screen out or tend to screen out people with disabilities, except in rare instances when such requirements are necessary. A program cannot request medical information unless it can demonstrate that each piece of information requested is needed to ensure safe participation in the program.
Safety: CocoSPA may impose legitimate safety requirements necessary for the safe operation of its services, programs, and activities. Safety requirements must be based on real risks, not on speculation, stereotypes, or generalizations about people with disabilities
Surcharges: Although providing accommodations may result in some additional cost, CocoSPA may not place a surcharge only on particular individuals with disabilities to cover expenses. For example, there can be no extra program charge to a deaf person who benefited from interpreter services, or to groups of people with disabilities, but a tuition fee may be increased for all students.
Reasonable modifications: CocoSPA must reasonably modify its policies, practices, or procedures to ensure access and equal opportunity to individuals with disabilities. For example, a lengthy and complex application process could be modified for people with mental disabilities who are unable to complete the process on their own. Modifications might include simplifying the process or individually assisting applicants.
Personal services and devices: CocoSPA is not required to provide people with disabilities with personal or individually prescribed devices (hearing aids or communication devices) or to provide services of a personal nature (such as assistance in eating, toileting or dressing).
Maintenance of accessible features: CocoSPA must ensure equipment and features of facilities are in working order and accessible to individuals with disabilities. Isolated or temporary interruptions in access due to maintenance and repair of accessible features are acceptable.
What is equally effective communication?
CocoSPA must ensure that its communications with people with disabilities are as effective as its communications with others. CocoSPA is required to provide appropriate auxiliary aids and services where necessary to ensure effective communication. Primary consideration must be given to the choice of auxiliary aid requested by the disabled person. Whatever accommodation is requested, CocoSPA must seek to provide it unless it is determined to be an undue administrative or financial hardship.
Examples of auxiliary aids and services --
- Deaf or hard of hearing: qualified interpreters, notetakers, real-time captioning, written materials, assistive listening systems, open and closed captioning, TTYs, and exchange of written notes.
- Blind or low vision: qualified readers; audiotape, Braille, or large print materials; and assistance in locating items.
- Speech disability: TTYs, computer terminals (just take turns typing back and forth).
What are the requirements for facility access?
Contra Costa County must ensure its programs, activities, and services are accessible to individuals with disabilities. One key aspect of that is facilities access.
New Construction: All newly constructed facilities (begun after 1-26-92) must be in strict compliance with federal and state building accessibility codes.
Alteration and Renovation of Existing Construction: CocoSPA is required to make modifications to existing facilities that are "readily achievable" to ensure services, programs and activities are accessible. Some exemptions are provided for historic properties. In addition, generally, if a facility or part of the facility will be significantly altered or renovated, meeting current code requirements may be applicable.
Overall Program Access: CocoSPA is not necessarily required to make every pre-ADA facility fully compliant with current accessibility codes. However, county services, programs, or activities must be accessible to and usable by people with disabilities when viewed in their entirety. This is called "overall program access." For example, not all pre-ADA swimming facilities must be accessible, but there must be an alternate and proximate swimming facility that is accessible.
Overall program accessibility can be achieved a number of ways. Structural options include altering existing facilities or constructing new ones. Nonstructural options include-
- Acquisition or redesign of equipment
- Assignment of aides to assist individuals with disabilities
- Provision of services at alternate accessible sites
CocoSPA must give priority to the option that results in the most integrated setting appropriate to encourage interaction among all users, including those with disabilities.
Title II Coordinator: Catherine Foster; catherine.foster@cocospa.org; 925-235-1130; 2730 Mitchell Dr., Walnut Creek CA 94598