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
If you would like to make a formal complaint, please review Board Policy 3.061616.
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
- Foster youth
- Neglected or delinquent
- 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:
What is Title IX?
Title IX is a federal law that was passed in 1972 to ensure that male and female students and employees in educational settings are treated equally and fairly. It protects against discrimination based on sex (including sexual harassment). In addition, Title IX protects transgender students and students who do not conform to gender stereotypes. State law also prohibits discrimination based on gender (sex), gender expression, gender identity, and sexual orientation. The preamble to Title IX of the Education Amendments of 1972 states that: "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."
SB 1375, CA ED CODE 221.61
Public schools that receive federal funds and are subject to the requirements of Title IX, shall post in a prominent and conspicuous location on their Internet Web sites all of the following:
1. The name and contact information of the Title IX coordinator which shall include the Title IX coordinator’s phone number and email address:
- Title IX Coordinator: Tiana Freiri-Foley, email@example.com, 925-235-1130, 2730 Mitchell Dr. Walnut Creek, CA 94598; 504 Plans: Catherine Foster, firstname.lastname@example.org, 925-235-1130, 2730 Mitchell Dr. Walnut Creek, CA 94598
2. The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8:
- California Department of Education Equal Opportunity & Access
- California Department of Education Title IX & Gender Equity
- U.S. Department of Education Office of Civil Rights
3. The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6:
- You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex
- You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics
- You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school
- You have the right to apply for athletic scholarships
- 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
- Locker rooms
- Practice and competitive facilities
- Medical and training facilities and services
- You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws
- You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws
- You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have 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 against retaliation if you file a discrimination complaint
4. A description of how to file a complaint under Title IX, which shall include all of the following:
- An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations.
- A complaint must ordinarily be filed within 180 days of the last act of discrimination. If your complaint involves matters that occurred longer ago 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.
5. An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site:
6. An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office.
- United States Department of Education for Civil Rights Complaint Form
- The OCR office for California is located at: San Francisco Office for Civil Rights | US Department of Education | 50 United Nations Plaza | Mail Box 1200, Room 1545 | San Francisco, CA 94102 | Phone: 415-486-5555 | Fax: 415-486-5570 | TDD: 800-877-8339 | Email: email@example.com
- The OCR National Headquarters is located at: US Department of Education Office for Civil Rights | Lyndon Baines Johnson Department of Education Building | 400 Maryland Avenue, SW Washington, DC 20202-1100 | Phone: 800-421-3481 | Fax: 202-453-6012 | TDD: 800-877-8339 | Email: firstname.lastname@example.org
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.)
- 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; email@example.com; 925-235-1130; 2730 Mitchell Dr., Walnut Creek CA 94598