Williams Facilities Complaints and Appeals

Purpose

Under the Williams Case, all students and staff are entitled to safe and healthy school facilities. This policy outlines how to report facility issues that pose health and safety threats and how to appeal unsatisfactory resolutions.

What Facility Conditions Are Covered Under the Williams Act?

California Education Code §17592.72(c) defines “emergency facilities needs” as structures or systems in a condition that poses a threat to the health and safety of pupils or staff while at school. These may include, but are not limited to, the following:

• Gas leaks
• Nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems
• Electrical power failure
• Major sewer line stoppage
• Major pest or vermin infestation
• Broken windows, doors, or gates that do not lock and pose a security risk
• Discovery of hazardous materials that pose an immediate threat to pupils or staff
• Structural damage creating a hazardous or uninhabitable condition

How to Submit a Williams Complaint

Complainants should first review the district’s policies and procedures regarding Williams complaints.

Step-by-Step Instructions:

1. File at the School:
   Submit the complaint with the school principal. Complaints may be filed anonymously.
2. Forwarding to the District:
   If the complaint is beyond the principal’s authority, it must be forwarded to the school district within 10 working days.
3. Investigation and Remedy:
   The school or district will make reasonable efforts to investigate the complaint. If valid, the issue must be remedied within 30 working days from the initial filing date.
4. Response Timeline:
   A written resolution must be sent to the complainant (and the district if applicable) within 45 working days of the filing date.
   • If the complainant provides contact information and requests a response, one will be provided.
   • Anonymous complaints will still be investigated but will not receive a direct response.

How to Submit an Appeal to the State Superintendent

If the complainant is dissatisfied with the district’s resolution, an appeal may be submitted to the California Department of Education (CDE).

Appeal Requirement:

• Must be filed within 15 days of receiving the district’s resolution.
• A statement specifying:
  • The basis for the appeal
  • Whether there are factual inaccuracies or a misapplication of the law
• A copy of the original complaint
• A copy of the district’s response, or a note stating that no response was received (please allow 45 working days from the original complaint before submitting an appeal)
  

CDE's Review Process:

Upon receipt of the appeal, the CDE will:

• Notify the district
• The district must then forward to CDE:
  • A copy of the district’s complaint policies and procedures
  • The original complaint
  • A summary of the investigation and extent of review conducted
  • The resolution and a report of any corrective actions taken

The CDE will issue a written report within 60 days, in accordance with Title 5 CCR §4664(b). The report will be shared with:

• The complainant
• The district
• The State Board of Education

Where and How to Submit an Appeal

You may submit your appeal to the California Department of Education using one of the following methods:

Email:
WilliamsAppeals_Facilities@cde.ca.gov

Mail:
California Department of Education
School Facilities and Transportation Services Division
Attention: Williams Appeal Coordinator - Facilities
1430 N Street, Suite 1201
Sacramento, CA 95814