Uniform Complaint Procedures

Complaints

What is a complaint?

Uniform Complaint Procedures

A Uniform Complaint Procedures (UCP) complaint is a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying. A signature may be handwritten, typed (including in an email), or electronically generated. Some complaints may be filed anonymously. A complaint filed on behalf of an individual student may only be filed by that student or that student's duly authorized representative. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the local educational agency shall assist the complainant in the filing of the complaint. UCP complaints are filed with the district superintendent or their designee.

Williams Complaints

A Williams Complaint, another type of UCP complaint, regards instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignments and may be filed anonymously. Williams Complaints are filed with the principal, or their designee, of the school in which the complaint arises. Schools have complaint forms available for these types of complaints, but will not reject a complaint if the form is not used as long as the complaint is submitted in writing.

How do I file a complaint?

For additional information, please see the Complaints section on the California Department of Education FAQ web page.

Appeals

What is an appeal?

An appeal is a written and signed request by the complainant to the California Department of Education (CDE) seeking review of a local educational agency (LEA) Investigation Report that was issued in a response to a properly-filed Uniform Complaint Procedures (UCP) complaint. A signature may be handwritten, typed (including in an email), or electronically-generated. If a complainant receives an LEA Investigation Report on a matter within the scope of the UCP and believes it is incorrect as a matter of fact or law, they have 30 calendar days to file a written appeal to the CDE. The appeal packet must contain a copy of the original complaint to the LEA and a copy of the LEA's Investigation Report. The complainant must specify and explain the basis for the appeal, including at least one of the following:

• The LEA failed to follow its complaint procedures, and/or
• Relative to the allegations of the complaint, the LEA Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
• The material findings of fact in the LEA Investigation Report are not supported by substantial evidence, and/or
• The legal conclusion in the LEA Investigation Report is inconsistent with the law, and/or
• In a case in which the LEA found noncompliance, the corrective actions fail to provide a proper remedy.

Legislative Reports
Summary of appeals of local educational agency (LEA) decisions issued under the Uniform Complaint Procedures (UCP).

Consolidated Categorical Programs and Unlawful Pupil Fees

Consolidated Categorical Aid Program Appeals
Information on the filing, investigation, and resolution of an appeal regarding an alleged violation of federal or state law or regulations governing consolidated categorical aid programs.

Unlawful Pupil Fees Appeals
Information on the filing, investigation, and resolution of a complaint regarding the noncompliance with California Education Code sections 49010–49013 regarding unlawful pupil fees.

To inquire about the UCP, please use the Appeal Assistance Form.

Administrators

Uniform Complaint Procedures (UCP) Monitoring

The California Department of Education (CDE) monitors local educational agencies (LEAs), such as county offices of education, school districts, and direct-funded charter schools, for compliance with state and federal laws related to the UCP through compliance monitoring during a Federal Program Monitoring (FPM) Review.

The Uniform Complaint Procedures Monitoring web page is primarily used for FPM reviews for LEAs that are scheduled for an FPM review.

Information about training resources on the UCP from the Categorical Programs Complaints Management Office can be found on the Uniform Complaint Procedures Training web page.

FAQs for Parents and Guardians

1. What is a Uniform Complaint Procedures (UCP) complaint?

   A UCP complaint is a written and signed statement alleging a violation of select federal or state laws, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying. A signature may be handwritten, typed (including in an email) or electronically-generated. Complaints may be filed anonymously. A complaint filed on behalf of an individual student may only be filed by that student or that student's duly authorized representative. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the local agency shall assist the complainant in the filing of the complaint.

2. How do I file a complaint?

   File a written complaint by following the steps described in your local educational agency's (LEA's) complaint procedures. To find out how and where to file complaints on different subjects please see the California Department of Education FAQ web page.

3. What areas are covered by the UCP?

   Select federal and state laws governing educational programs are covered by the UCP. Please see the Uniform Complaint Procedures Pamphlet (DOCX; Posted 29-Jul-2024) for additional information. This version of the UCP pamphlet has up-to-date UCP information for the 2024-25 school year.

4. How do I file a complaint that does not fall under the UCP?

   Consult your LEA's local complaint procedures, as LEAs have discretion for determining how non-UCP complaints are processed.

5. Where can I find my LEA's complaint procedures?

   LEAs are required to annually provide notice to their students, employees, parents or guardians of their students, the district advisory committee, school advisory committees, appropriate private school officials, and other interested parties of their UCP. Many LEAs also include their complaint procedures on their websites or in a handbook they provide to students and their parents and guardians at the start of each new school year. You may also contact your school, district, or county office of education for more information. LEAs are required to make their complaint procedures available to you at no cost.

6. How much time does the LEA have to respond to my complaint?

   The LEA must conduct and complete an investigation of the complaint and prepare a written decision to a UCP complaint within 60 calendar days of the date of receipt. This time period may be extended by written agreement of the complainant.

7. Am I required to give the LEA more time to respond to my complaint?

   No. However, we encourage the local resolution of complaints and, at times, an extension is necessary in order for the LEA to do a thorough and complete investigation.

8. What fees are LEAs allowed to charge?

   A pupil enrolled in a public school is not required to pay any fee, deposit, or other charge not specifically authorized by law. For supplemental guidance regarding summer school, third parties, and tuition fees, please see the Fiscal Management Advisory web page.

9. My school does not have enough textbooks, what do I do?

   You may file a Williams complaint about instructional materials with the principal.

10. My school has unsafe facilities, what do I do?

    You may file a Williams complaint about facility conditions with the principal.

11. My school has a teacher vacancy issue, what do I do?

    You may file a Williams complaint about teacher vacancy or misassignment with the principal.

12. What do I do if I disagree with an LEA's decision regarding a complaint?

    If you believe the LEA decision is incorrect as a matter of fact or law, or they failed to address all of your concerns, you may file an appeal within 30 calendar days to the CDE. In the appeal, you must specify the reason for the appeal and whether the LEA's facts are incorrect and/or the law is misapplied. The appeal packet must contain a copy of the original complaint to the LEA and a copy of the LEA's Investigation Report. The complainant must specify and explain the basis for the appeal, including at least one of the following:

    1. The LEA failed to follow its complaint procedures, and/or
    2. Relative to the allegations of the complaint, the LEA Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
    3. The material findings of fact in the LEA Investigation Report are not supported by substantial evidence, and/or
    4. The legal conclusion in the LEA Investigation Report is inconsistent with the law, and/or
    5. In a case in which the LEA found noncompliance, the corrective actions fail to provide a proper remedy.

    Please see the Appeals section for more information.

13. What is the CDE's responsibility if it finds an LEA violated the law?

    The CDE's responsibility is to ensure LEA compliance with select federal and state laws. If an LEA is found out of compliance, the CDE may require corrective action.