To the extent the records are exempt or include information that is exempt from disclosure pursuant to the Public Records Act, including but not limited to Government Code sections6254(c) (personnel exception), 6254(a) (preliminary drafts, notes, or intra-agency memorandanot retained by the District in the ordinary course of business), 6254(k) (privileged material,including those within the attorney-client privilege and work product doctrine, includingEvidence Code sections 915, 950 et seq., and 1040) and 6255 (catch-all exception), suchinformation will be withheld or redacted, as appropriate. (Government Code section 6253(a).)We will advise you of the basis for withholding any otherwise responsive records.As part of this initial response, we note that some of your requests lack sufficient specificity for us to determine the existence of the records you seek. To assist you in identifying records andinformation that are responsive to your purpose, insofar as those records exist and aredisclosable, we ask your cooperation in clarifying the scope of your remaining requests. Weaddress each request in turn.
The number of complaints received related to teacher misconduct at each schoolsite, relevant dates and status of any investigation into those complaints dating back to the 2006-07 school year
This request does not seek an identifiable public record. The District investigatescomplaints regarding its employees, as appropriate and as required by law and Board policy. However, the District does not maintain statistical records of such complaints ona per-school site basis.Additionally, we are uncertain as to your intended meaning of the phrase “complaintsreceived related to teacher misconduct.” Initially, other than complaints lodged under theUniform Complaint Procedure, which may or may not relate to teacher misconduct, or toteachers at all, there is no generally accepted definition of what constitutes a “complaint.” Not all complaints are submitted in writing, and only written complaints would fallwithin the definition of a “record” under the Public Records Act.Moreover, there is no legal definition of “teacher misconduct,” and even the statecredentialing body recognizes that not every complaint or allegation against a certificatedindividual constitutes an allegation of “misconduct.” Depending on one’s definition of “misconduct,” any determination of the existence or number of complaints receivedagainst District teachers within the time period you specify is extremely uncertain.For example, a variety of professional conduct expectations apply to teachers, includingarriving on time to work each day, timely entering grade information, maintainingcourteous contact with parents, peers, and administrators, and making appropriate use of instructional time. On the other hand, certain types of behavior would likely be per seinstances of “misconduct,” such as physical abuse of a child or being under the influenceof a controlled substance in the workplace. Any instance of a teacher not acting incompliance with expectations--or the perception of such noncompliance by a parent or other observer--could be interpreted as a “complaint of misconduct.”