WHAT IS Seths Law?

CA Education Code Sections 234-234.5

FAQs
Q: Who can file a complaint? A: Any student who experiences discrimination or harassment may do so or someone else, like another student, parent, or interested third party or organization, may file a complaint Q: Is there a specific form to file a complaint? A: Yes, you should use the one your school district has or the sample Uniform Complaint Form available at www.aclu-sc.org/SRP. You can also call or email the project below. Q: Is there a difference between the Uniform Complaint Form and the Williams Complaint Form? A: Yes, the Williams Form is specifically for the right to a clean school, to have a book to use in class and at home, and to have a qualified teacher. The Uniform Complaint Form is for reporting incidents of harassment or discrimination, including bullying. Q: Should I make and keep a copy of my complaint? A: Yes, you should always make and keep a copy of all of your complaints. If you need any help with writing or following up on a complaint you filed, please contact us. Q: Who can I contact if I want more information or would like help filing a complaint or an appeal? A: Email LGBTQ-SRP@aclu-sc.org or call:
LGBTQ Student Rights Project Hotline 1-213-977-5251 LGBTQ-SRP@aclu-sc.org

On October 9, 2011, California Governor Jerry Brown signed Assembly Bill 9, also known as Seths Law a new law that will help protect all students from bullying at school by further strengthening Californias already existing applicable laws. It will ensure that schools in California implement updated anti-bullying, anti-discrimination policies and programs that include actual or perceived sexual orientation and gender identity and expression, as well as race, ethnicity, nationality, gender, disability, and religion. These changes will help create a respectful and safe environment for all students. Civil liberties organizations, including the American Civil Liberties Union (ACLU), work to keep schools and school districts accountable to this law and preexisting laws that protect the rights of LGBTQ students. Through the LGBTQ Student Rights Project, the ACLU helps implement Seths Law by making school environments safer for all students. The mission of the project is to stop the unlawful bullying and harassment in California schools and to create school communities that promote safety and respect for all students. Seths Law is revolutionary for California because it will tighten anti-bullying policies in California schools by ensuring that all schools have clear and consistent policies, require intervention from teachers and clearer guidelines for administrators, and establishing shorter timelines for investigating claims of bullying. For more information, please visit www.aclu-sc.org/SRP or email LGBTQ-SRP@aclu-sc.org
All public school students, parents, and teachers in California are affected by this law.

KNOW YOUR RIGHTS How to File a Complaint with Your School

YOU HAVE THE RIGHT TO BE SAFE AT SCHOOL YOU HAVE THE RIGHT TO BE FREE FROM BULLYING AND HARASSMENT YOU HAVE THE RIGHT TO HOLD YOUR SCHOOL ACCOUNTABLE

1313 W. 8th Street Los Angeles, CA 90017 www.aclu-sc.org

This publication is for educational purposes only; it is not intended as, and is not a substitute for, legal advice.

UNIFORM COMPLAINT PROCESS

CA Code of Regulations (Title 5, section 4600 et seq.)
You can file a complaint with your school or district related to the following types of harassment (actual or perceived):
Age Ancestry Color Ethnicity Gender Mental/physical disability National origin Race Religion Sex Sexual harassment Sexual orientation Association with any categories listed

HOW TO FILE A COMPLAINT

1. Find a complaint form: You can use the form created by the California Department of Education (available at www.aclu-sc.org/ SethWalshProject) or use the one that is supplied by your principal or administrator that handles discipline. If you are filing a complaint about harassment, do not fill out a Williams Complaint Form. 2. Fill out the form: Make sure to be as detailed as possible. The more information that you give in the report, the stronger the complaint is. The form can be filled out by any student, a parent, or interested third party or organization, for a student. 3. Turn in the complaint form: Make a copy for yourself before turning it to the appropriate person at your school. It is recommended that you turn it in directly to your principal.

POSSIBLE REASONS FOR FILING A COMPLAINT

(Note: These are examples, not the only possible reasons.)

Bullying & Harassment

If you are being bullied, you should file a complaint. Under no circumstances should you tolerate being bullied. You should never be verbally and/or physically harassed by anyone at school. All students have the right to a safe school.

If you file a complaint with the school, the principal is required by law to investigate and fix the problem. Your school, including teachers and administrators, is required by law to protect you and must take the necessary steps to stop any form of bullying . If the bullying continues or you feel that the school did not properly look into your complaint after 30 working days, file a complaint with the district. The district has 60 days from when they notified you that they received your complaint to investigate and respond about what they plan to do. You do NOT need to file a complaint with the school in order to file a complaint with the district. You may file a complaint directly with the school district if you so choose. If you are not satisfied with the districts investigation or results, you can appeal. You can appeal with the CA Department of Education within 15 days of receiving the school districts written response.*
*Please contact us if you would like help with filing a complaint form or an appeal.

Discrimination
If you feel you or your schools GSA is being treated differently than other students or clubs, you should file a complaint. You should never be made to feel inferior or less important because of your sexual orientation or gender identity. All students have the freedom of expression.

COMPLAINT TIMELINE
Day 1: File a complaint at your school within 6 months of the incident. 30 working days: Your school should resolve your complaint. Talk with your principal or administrator that handles discipline to work towards the best possible outcome. If the harassment/discrimination continues or you feel that your school did not sufficiently manage the situation, file a complaint with the school district if you havent already done so. Within 60 days from the date of receipt of complaint, you should receive a written response from the school district. If you are not satisfied with the response to your complaint within 15 days of receiving the decision , file an appeal to the California Department of Education.*

School Climate
If you dont feel safe at your school because of your sexual orientation or gender identity, file a complaint. Even if there isnt a bully or bullies that you can point out specifically, if you dont feel safe at school, you should talk to your principal to find a solution. All students have the right to be protected.