topleft CSBA.org >  Services >  Governance Technology > 

Yreka Union HSD |  BP  1312.1  Community Relations

Complaints Concerning School Personnel   

arrow Previous bar Next arrow

Note: A Policy On This Topic Is Mandated By Education Code 35160.5. Governing Boards Are Required To Annually Review District Policies On Complaints Concerning School Personnel.

The Governing Board places trust in its employees and desires to support their actions in such manner that employees are freed from unwarranted, spiteful or negative criticism and complaints.

The Superintendent shall develop regulations which will permit the public to lodge criticism against staff members, assure a complete hearing, and protect the rights of the staff members and the district.

Verbal complaints against an employee initially made to a Board member or at a Board meeting will be referred to the Superintendent for appropriate consideration and action according to administrative regulations.

School employees who are sued as a consequence of performing their assigned duties shall be provided full legal service unless they have violated district policy, regulation or instructions.

NOTE: SOME PUBLIC COMPLAINTS MAY INCLUDE ACCUSATIONS THAT A SCHOOL EMPLOYEE HAS ABUSED A STUDENT. CSBA STRONGLY RECOMMENDS THAT PUBLIC COMPLAINTS ALLEGING CHILD ABUSE NOT BE SUBJECT TO THE PROVISIONS OF THIS POLICY. WHEN PUBLIC COMPLAINTS INCLUDE ALLEGATIONS OF CHILD ABUSE, IT IS IMPERATIVE THAT SCHOOL OFFICIALS CONSULT BP 5141.4 - CHILD ABUSE AND NEGLECT (REPORTING PROCEDURES). THOUGH A DISTRICT HAS THE LEGAL RIGHT TO IMPLEMENT ITS COMPLAINT PROCEDURES IN SUCH CASES, THE DUTY TO REPORT SUSPECTED CHILD ABUSE COMES FIRST. WE ENCOURAGE SCHOOL DISTRICTS TO RELY ON THE CHILD PROTECTIVE AGENCIES FOR RESOLVING THESE COMPLAINTS AND DETERMINING IF THE CHILD ABUSE REPORT IS UNFOUNDED.

This policy shall not apply when a public complaint involves accusations of child abuse. When a school employee is accused of child abuse, it shall be dealt with according to BP 5141.4.

(cf. 5141.4 - Child Abuse and Neglect (Reporting Procedures)

The Board shall annually review policies and regulations regarding complaints against school personnel.

Legal Reference:

EDUCATION CODE

35146 Closed sessions

35160.5(a)(3) Requirement of school district policies: parental complaints re employees

35203 Duty of district attorney to defend in certain cases

35204 Contract with attorney in private practice

44811 Upbraiding, insulting, and abusing teachers

44812 Insulting and abusing teachers

44932-44949 Resignation, dismissal and leaves of absence (rights of employee; procedures to follow)

KETCHENS AND PHILLIPS V. REINER (1987) 194 Cal. App. 3d 470.

Policy YREKA UNION HIGH SCHOOL DISTRICT

adopted: February 17, 1988 Yreka, California