Sample Uniform Complaint Procedures (UCP) Annual Notice
This Sample UCP Annual Notice below will assist local educational agencies (LEAs) in meeting the Title 5 requirement to annually notify in writing the LEA’s students, employees, parents or guardians of its students, the district advisory committee, school advisory committees, appropriate private school officials or representatives, and other interested parties of their own UCP complaint procedures. The Sample UCP Annual Notice includes required language from AB 9, ‘Seth’s Law’ and AB 1575, ‘Pupil Fees.’ This is the notice that each LEA must disseminate annually to describe how it manages its own Uniform Complaints Procedures process according to 5 CCR Section 4622. Translations of this Sample UCP Annual Notice will be available at a later date.
[Name of your LEA]
Uniform Complaint Procedures (UCP) Annual Notice
[Add the Current School Year]
For students, employees, parents/guardians, school and district advisory committee members, appropriate private school officials, and other interested parties
[NOTE FOR THE LEA (not to be on notice itself): This notice shall be in English, and when necessary, in the primary language, pursuant to section 48985 of the Education Code, or mode of communication of the recipient of the notice. ]
The [name of your LEA] has the primary responsibility to insure compliance with applicable state and federal laws and regulations and has established procedures to address allegations of unlawful discrimination, harassment, intimidation, and bullying, and complaints alleging violation of state or federal laws governing educational programs and the charging of unlawful pupil fees.
The [name of your LEA] shall investigate and seek to resolve complaints using policies and procedures known as the Uniform Complaint Procedures (UCP) adopted by our local board. Unlawful discrimination, harassment, intimidation, or bullying complaints may be based on actual or perceived age, ancestry, color, ethnic group identification, gender expression, gender identity, gender, disability, nationality, national origin, race or ethnicity, religion, sex, sexual orientation, or on a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity that receives or benefits from state financial assistance.
The UCP shall also be used when addressing complaints alleging failure to comply with state and/or federal laws in [customize to identify only those programs in your LEA]:
Consolidated Categorical Aid Programs
Career Technical and Technical Education and Training Programs
Child Care and Developmental Programs
Child Nutrition Programs
Special Education Programs
Safety Planning Requirements
A complaint of noncompliance with laws relating to pupil fees may be filed pursuant to the local UCP. A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity.
A pupil fee includes, but is not limited to, all of the following:
- 1. A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit.
- 2. A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, clothes, or other materials or equipment.
- 3. A purchase that a pupil is required to make to obtain materials, supplies, equipment, or clothes associated with an educational activity.
Complaints other than complaints relating to pupil fees must be filed in writing with the following compliance officer:
Name* and/or Title:
Unit or office:
*Complaints of noncompliance with laws relating to pupil fees are filed with a principal of a school. A complaint regarding pupil fees may be filed anonymously if the complaint provides evidence or information to support an allegation of noncompliance with laws relating to pupil fees.
Complaints alleging discrimination, harassment, intimidation, or bullying, must be filed within six (6) months from the date the alleged discrimination, harassment, intimidation, or bullying, occurred or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation, or bullying, unless the time for filing is extended by the superintendent or his or her designee.
Complaints will be investigated and a written Decision or report will be sent to the complainant within sixty (60) days from the receipt of the complaint. This sixty (60) day time period may be extended by written agreement of the complainant. The LEA person responsible for investigating the complaint shall conduct and complete the investigation in accordance with sections 4680-4687 and in accordance with local procedures adopted under section 4621.
The complainant has a right to appeal [the LEA]’s Decision to the California Department of Education (CDE) by filing a written appeal within 15 days of receiving [the LEA]’s Decision. The appeal must include a copy of the complaint filed with [the LEA] and a copy of [the LEA]’s Decision.
Civil law remedies may be available under state or federal discrimination, harassment, intimidation, or bullying laws, if applicable. In appropriate cases, an appeal may be filed pursuant to Education Code Section 262.3. A complainant may pursue available civil law remedies outside of [the LEA]’s complaint procedures. Complainants may seek assistance from mediation centers or public/private interest attorneys. Civil law remedies that may be imposed by a court include, but are not limited to, injunctions and restraining orders.
A copy of the [name of your LEA]’s UCP policy and complaint procedures shall be available free of charge.