Skip To Main Content

Student Rights under Title IX

Federal Title IX of the Education Amendments of 1972 (“Title IX”), implemented at 34 C.F.R. § 106.31, subd. (a), provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance.  Relevant here, Title IX requires the San Mateo-Foster City School District (District) to take immediate and appropriate action to investigate when it knows or reasonably should know of a possible Title IX violation.

NONDISCRIMINATION POLICY

The San Mateo-Foster City School District does not allow discrimination, intimidation, harassment (including sexual harassment) or bullying based on a person’s actual or perceived race, color, ancestry, nationality/national origin, immigration status, ethnic group identification/ethnicity, age, religion, marital status/ pregnancy/ parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, genetic information, medical information or association with a person or group with one or more of these actual or perceived characteristics. 

FOR QUESTIONS OR COMPLAINTS, PLEASE CONTACT:

SMFCSD EQUITY OFFICER

Dr. Sarah Drinkwater
Assistant Superintendent of Student Services
1170 Chess Drive
Foster City, CA 94404
(650) 312-7341
sdrinkwater@smfcsd.net

SMFCSD TITLE IX COMPLIANCE OFFICER

Lori Fukumoto
Prevention Services Coordinator
1170 Chess Drive
Foster City, CA 94404
(650) 312-7399
lfukumoto.titleix@smfcsd.net

Filing a Complaint: Uniform Complaint Procedures (UCP), 2019-2020 Annual Notice

The San Mateo-Foster City School District annually notifies our students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials, and other interested parties of the Uniform Complaint Procedures (UCP) process.

The San Mateo-Foster City School District is primarily responsible for compliance with federal and state laws and regulations, including those related to unlawful discrimination, harassment, intimidation or bullying against any protected group, and all programs and activities that are subject to the UCP. 

Programs and Activities Subject to the UCP

• Accommodations for Pregnant and Parenting Pupils
• Adult Education
• After School Education and Safety
• Agricultural Career Technical Education
• Career Technical and Technical Education, Career Technical, Technical Training (state)
• Career Technical Education (federal)
• Child Care and Development
• Compensatory Education
• Course Periods without Educational Content
• Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in a school district and Children of Military Families
• Every Student Succeeds Act
• Local Control and Accountability Plans (LCAP)
• Migrant Education
• Physical Education Instructional Minutes
• Pupil Fees
• Reasonable Accommodations to a Lactating Pupil
• Regional Occupational Centers and Programs
• School Plans For Student Achievement
• School Safety Plans
• Schoolsite Councils
• State Preschool
• State Preschool Health And Safety Issues In LEAs Exempt From Licensing 

San Mateo-Foster City Active Programs:

• Accommodations for Pregnant and Parenting Pupils
• Compensatory Education
• Course Periods without Educational Content
• Education of Pupils in Foster Care, Pupils who are Homeless, former Juvenile Court Pupils now enrolled in a school district and Children of Military Families
• Every Student Succeeds Act
• Local Control and Accountability Plans (LCAP)
• Physical Education Instructional Minutes
• Pupil Fees
• Reasonable Accommodations to a Lactating Pupil
• School Plans For Student Achievement
• School Safety Plans
• Schoolsite Councils
• State Preschool

Pupil Fees

A pupil fee includes, but is not limited to, all of the following:

A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.

A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.

A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.

A pupil fees complaint may be filed with the principal of a school or our superintendent or his or her designee. A pupil fees and/or an LCAP complaint may be filed anonymously, however, the complainant must provide evidence or information leading to evidence to support the complaint.

A pupil enrolled in a school in our district shall not be required to pay a pupil fee for participation in an educational activity.

A pupil fee complaint shall be filed no later than one year from the date the alleged violation occurred.

Additional Information

We shall post a standardized notice of the educational rights of pupils in foster care, pupils who are homeless, former juvenile court pupils now enrolled in a school district, and pupils in military families as specified in Education Code Sections 48645.7, 48853, 48853.5, 49069.5, 51225.1, and 51225.2. This notice shall include complaint process information, as applicable.

We shall post a notice to identify appropriate subjects of state preschool health and safety issues in each California state preschool program classroom in each school notifying parents, guardians, pupils, and teachers of (1) the health and safety requirements under Title 5 of the California Code of Regulations that apply to California state preschool programs pursuant to HSC section 1596.7925 and (2) where to get a form for a state preschool health and safety issues complaint.


Contact Information

The staff member, position, or unit responsible to receive UCP complaints in our agency is:
Dr. Sarah Drinkwater, Assistant Superintendent of Student Services

LEA staff to complete the next section with the person or office at the LEA in which UCP complaints are filed and investigated.
Assistant Superintendent of Student Services
San Mateo-Foster City School District
1170 Chess Drive; Foster City, CA 94404
(650) 312-7341
sdrinkwater@smfcsd.net

Complaints will be investigated and a written report with a Decision will be sent to the complainant within sixty (60) days from the receipt of the complaint. This time period may be extended by written agreement of the complainant. The person responsible for investigating the complaint shall conduct and complete the investigation in accordance with our UCP policies and procedures.

The complainant has a right to appeal our Decision of complaints regarding specific programs and activities subject to the UCP, pupil fees and the LCAP to CDE by filing a written appeal within 15 days of receiving our Decision. The appeal must be accompanied by a copy of the originally-filed complaint and a copy of our Decision.

We advise any complainant of civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders that may be available under state or federal discrimination, harassment, intimidation or bullying laws, if applicable.

Copies of our Uniform Complaint Procedures process shall be available free of charge.

NOTICIA ANUAL DE PROCEDIMIENTO UNIFORME DE QUEJAS (UCP) PARA 2019-2020


Student Rights Pursuant to Education Code Section 221.8

Education Code section 221.8 provides as follows:

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:

  1. You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex.
  2. You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics.
  3. You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school.
  4. You have the right to apply for athletic scholarships.
  5. You have the right to receive equitable treatment and benefits in the provision of all of the following:
    1. Equipment and supplies.
    2. Scheduling of games and practices.
    3. Transportation and daily allowances.
    4. Access to tutoring.
    5. Coaching.
    6. Locker rooms.
    7. Practice and competitive facilities.
    8. Medical and training facilities and services.
    9. Publicity.
  6. You have the right to have access to a gender equity coordinator to answer questions regarding gender equity law.
  7. You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws.
  8. 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.
  9. You have the right to pursue civil remedies if you have been discriminated against.
  10. You have the right to be protected against retaliation if you file a discrimination complaint.

Additional Resources

  • San Mateo-Foster City School District Uniform Complaint Procedures

http://www.gamutonline.net/district/sanmateofostercity/DisplayPolicy/949949/

  • California Department of Education’s Office for Equal Opportunity

http://www.cde.ca.gov/re/di/or/oeo.asp

  • United States Department of Education Office for Civil Rights

https://www2.ed.gov/about/offices/list/ocr/index.html

  • United States Department of Education Office for Civil Rights Complaint Form

http://www.ed.gov/about/offices/list/ocr/complaintintro.html

https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf

Contact Information: 1-800-421-3481 or ocr@ed.gov