How to file a discrimination complaint against a school

This page covers discrimination, harassment and bullying complaints. It is general information, not legal advice. For all your child's school rights, see Your child's rights in California public schools.

What counts as discrimination at school?

Treating a student worse, or allowing them to be harassed, because of who they are. In California, Education Code 220 bans discrimination based on nationality, race or ethnicity, religion and other traits, including immigration status, in any program that gets state money.

Federal law adds more. The U.S. Office for Civil Rights enforces Title VI, which bans discrimination based on race, color and national origin. OCR says that includes discrimination based on a student's limited English or English learner status. It also enforces laws on sex and disability discrimination.

Examples:

• Classmates call your child names about deportation, and staff do nothing.
• A teacher tells your child to "go back" to another country.
• Your child is kept out of a class, team or field trip because of their language or background.
• The school asks for papers or a Social Security number before letting your child join something.
• Your child is punished more harshly than other students for the same thing.

Does my immigration status matter?

No. Every child can attend public school and has the same rights there, whatever the family's status. California schools may not collect citizenship or immigration information except as the law requires (Education Code 234.7). The complaint form does not ask about status. Do not write your status in the complaint.

OCR says anyone may file a complaint, including on behalf of someone else. Schools may not punish anyone for filing a complaint or helping with one.

What should I do first?

1. Make sure your child is safe today. Talk with your child. If they are afraid to go to school, ask the principal for a meeting right away.
2. Write it down. Dates, times, places, names of students and adults, exact words, and who saw it. Keep a running list.
3. Save proof. Screenshots of texts or social media posts, photos of injuries or damaged things, notes from the school, doctor or counselor notes.
4. Tell the school in writing. An email to the principal is enough to start. Keep a copy.
5. Ask for the district's UCP complaint form and its bullying and discrimination policy. Every California district must have a complaint process with a timeline and an appeal (Education Code 234.1). Its forms must be translated where the law requires.

How do I file a complaint with the school district?

California calls this the Uniform Complaint Procedures (UCP). You file with your school district, not the state.

• Who can file: a parent, a student, or someone else on the student's behalf.
• How: the complaint must be in writing and signed. CDE says an email with a typed signature counts, and the district must help you if you cannot write it yourself.
• Where: send it to the district superintendent or the person the district names. Ask the school office for the name and email.
• When: discrimination, harassment, intimidation and bullying complaints must be filed within 6 months. You can ask in writing for up to 90 more days, per state rules (5 CCR 4630).
• What to include: your child's name and school, what happened, when, who was involved, who saw it, what you already told the school, and what you want the school to do.

You can use the letter below. Keep a copy and the date you sent it.

What happens after I file?

The district investigates. It usually talks with your child, you, the other students and staff, and looks at your proof.

The district must send you a written investigation report within 60 days of getting the complaint, unless you agree in writing to more time (5 CCR 4631).

The report should say what the district found and what it will do. That might include discipline, staff training, a safety plan for your child, counseling, or changing classes.

The district may not retaliate against you or your child for complaining (Education Code 234.1). If anyone punishes your child for speaking up, write it down and add it to your complaint.

What if I disagree with the district's decision?

Appeal to the California Department of Education (CDE).

• File the appeal in writing within 30 days of the date on the district's report (5 CCR 4632).
• Attach a copy of your original complaint and the district's report.
• Say why you think the report is wrong: facts it missed, or law it did not follow.

CDE must send a written decision within 60 days of getting your appeal, unless that time is extended (Education Code 33315).

If the district never sends a report on time, Education Code 262.3 lets you go straight to the State Superintendent in some cases. Explain why you need fast action.

Can I go to court?

Possibly. Schools must tell families that court remedies, such as injunctions and restraining orders, may also be available (Education Code 262.3). You do not have to finish the complaint process first. For some claims, including Education Code 220, a lawsuit for money or other relief must wait until 60 days after you file a CDE appeal. That wait does not apply to a request for an injunction. Talk to a lawyer before you decide.

Can I also complain to the federal government?

Yes. The U.S. Department of Education's Office for Civil Rights (OCR) handles race, color, national origin (including English learner status), sex, disability and age discrimination at schools that get federal money. That includes all public schools.

• Deadline: usually within 180 days of the last incident. If you used the district's process first, you have 60 days after it ended. You do not have to use the district process first (OCR).
• How: OCR's online complaint form, OCR's paper form, or your own signed letter by mail, fax or email to ocr@ed.gov.
• What to include: your name and a way to reach you, who was harmed (names are not required), the school's name and city, and what happened, when and why you think it was discrimination.

Two honest notes. First, OCR enforces federal law. It does not list immigration status as its own protected trait, so frame the problem as national origin, race or language discrimination when that fits. Second, the federal government was shut down on October 21, 2026, and some federal services may be slow. OCR's page showed no closure notice that day. File anyway if you are close to 180 days, and file the state complaint too.

Who else can I contact?

• California Attorney General, Bureau of Children's Justice. It looks at patterns of rights violations affecting children. File at oag.ca.gov/bcj/complaint, call (800) 952-5225, or email BCJ@doj.ca.gov. The Bureau says it may not take a single case and may refer individual matters to the state Civil Rights Department.
• Your school board. You can speak at a public board meeting during public comment. Do not share your child's private details there.
• A free legal aid group. See the list below.

What if my child is bullied for being an immigrant?

This is common, and it is not your child's fault. California law treats it as seriously as other bullying.

• The school must act. District policies must cover bullying based on immigration status and nationality, and staff must step in right away when it is safe to do so (Education Code 234.1).
• Online bullying counts when it affects school. Screenshot posts before they are deleted.
• Ask for a safety plan. For example: a safe adult to check in with, a different seat or class, supervision at lunch or recess, or changed pickup.
• Get support for your child. Bullying about family or deportation can cause real fear. The state offers free coaching through BrightLife Kids and Soluna, regardless of insurance or status. See also Help children who are afraid of immigration raids and Mental health help for children in California.
• If a student threatens to "call ICE" on your family, report it in writing. It is bullying. Your child's school will not share your information with immigration without a judicial warrant, subpoena or court order, per the Attorney General's school guidance.

What if my child is not safe?

If anyone is hurt or in danger right now, call 911.

If your child talks about wanting to die or hurt themselves, call or text 988, or chat at 988lifeline.org. It is free and confidential. Then tell the school counselor.

If an adult at school is hurting your child, report it to the principal and the district in writing, and ask a lawyer about next steps.

What mistakes should I avoid?

• Waiting too long. Six months goes fast. File even if you are still gathering proof.
• Only complaining out loud. Put it in writing so there is a date.
• Sending your only copy. Keep originals. Send copies.
• Writing your immigration status in the complaint. It is not needed.
• Posting your child's name online. It can make things worse.
• Missing the 30 day appeal. Mark it on a calendar the day the report arrives.

Questions people ask

Can I file if I do not speak English? Yes. The district must help you if you cannot write the complaint yourself, and its complaint forms must be translated where the law requires. Ask for an interpreter at meetings. See Help for newcomer and English learner students.

Can I file anonymously? CDE says some complaints can be anonymous. A bullying complaint about your own child is easier to investigate with your name on it.

Will filing a complaint get us reported to immigration? Schools in California may not share student or family information with immigration officers without a judicial warrant, judicial subpoena or court order (AG guidance). If you are worried, talk with a free legal clinic first.

Can my child change schools? Ask the district. A transfer can be part of a safety plan, but it should not replace an investigation.

Does this work for a private school? These California complaint steps are for public schools. Private schools follow other rules. Ask a lawyer.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Attorney General, Bureau of Children's Justice (statewide): (800) 952-5225, BCJ@doj.ca.gov.
• U.S. Office for Civil Rights (nationwide): ocr@ed.gov.
• Community Legal Services in East Palo Alto (low income residents of San Mateo and Santa Clara counties): (650) 326-6440, per CLSEPA.
• Legal Aid Society of San Mateo County (San Mateo County): (650) 558-0915.
• Disability Rights California (statewide, if disability is involved): (800) 776-5746, per its contact page.