2020 Uniform Complaint Procedures Update

Prepared by the
Education Equity Uniform Complaint Procedures Office

Description: Update on California Department of Education Uniform Complaint Procedures.
Authority: Senate Bill 840 of the 2018–19 Budget Act
Due Date: On or before January 31, 2020

2020 Uniform Complaint Procedures Update
California Department of Education
Report to the State Legislature

The Budget Act of 2019 (Chapter 23, Statutes of 2019 (AB 74) Item 6100–001–0001, para. 29) requires the California Department of Education (CDE) “to provide a report by January 31 of each year with a summary of the number of days for completion of appeals [of local educational agency decisions on Uniform Complaints] by complaint type and program area, including the rationale for complaints that exceeded 60 days.”

The Uniform Complaint Procedures (UCP) 2019 Annual Statistical Summary (Attachment 1) (PDF) identifies each of the complaints and appeals by program area and whether the CDE was able to complete the appeal process within 60 days of receipt of the appeal. For those appeals that exceeded 60 days, the rationale is indicated.
Under the UCP, Local Educational Agencies (LEAs) are responsible for investigating and resolving most complaints, and the CDE is responsible for reviewing appeals of LEA investigations. The CDE may also directly investigate in cases where a student may suffer immediate and irreparable harm to an unlawful policy and filing the complaint locally would be futile. The CDE processes complaints and appeals pursuant to the UCP statutory and regulatory timelines and procedures for processing these matters.

As outlined in Attachment 1, the CDE accepted a total of 156 complaints and appeals in six UCP programs. Of 153 appeals received, 140 were completed within 60 days of receipt (92%). For the 12 appeals that exceeded the 60 days, two exceeded the deadline because additional time was required due to the complexity of the cases; and ten were caused by delays by LEAs in providing necessary information for the CDE to evaluate the appeal. Additionally, the CDE received three requests for “direct intervention” to conduct the investigation with state resources. Two were completed within 60 days and one was delayed by the LEAs not timely responding to the CDE information requests.

Attachment 1 includes the Program Areas and Complaint Types, and indicates the date the appeal was received and the date the appeal decision was issued. Program areas receiving appeals and requests for direct intervention are:

• Categorical Programs Complaint Management (CPCM) Title I;
  • School Site Council; Poverty Data Collection/Timely Consultation; Pupil Fees; Title III; English Learner Instruction; English Learner Classification; English Learner Advisory Committee Meeting; Single Plan for Student Achievement; School Safety Plans.
• Education Equity
  • Discrimination, Harassment, Intimidation, Harassment or Bullying based on a protected characteristic.
• Afterschool Programs
  • Bullying based on a protected characteristic.
• Foster Youth
  • Enrollment; Partial Credits; School of Origin.
• Local Control Funding Formula (LCFF)
  • Increased or Improved Services; Stakeholder Engagement
• Williams
  • Facilities

The Education Equity program accepted the highest number of appeals with 82 (53% of the total), followed by the Categorical Programs Complaint Management program with 54 complaints and/or appeals (35%). The Local Control Funding Formula program completed eight complaints and/or appeals, while the Foster Youth program completed five appeals. The Williams program completed six appeals and the After-School program, one appeal.

If you have any questions regarding this report, please contact Dianna Gutiérrez, Education Administrator, Education Equity UCP Office, by phone at 916-324-9820 or by email at dgutierrez@cde.ca.gov.

If you need a copy of this report, please contact the Education Equity UCP Office by phone at 916-319-8239 or by email at eeucpo@cde.ca.gov.