2023 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 154 of the 2022–23 Budget Act
Due Date: On or before January 31, 2023

2023 Uniform Complaint Procedures Update
California Department of Education
Report to the State Legislature

The Budget Act of 2022 (Senate Bill 154 [Chapter 43, Statutes of 2022] Item 6100-001-0001, para. 21) 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 (LEA) decisions on Uniform Complaints] by complaint type and program area, including the rationale for complaints that exceeded 60 days .”

The Uniform Complaint Procedures (UCP) 2022 Annual Statistical Summary (Attachment 1) (DOCX) 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, 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 due 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.

Attachment 1 includes the Program Areas and Complaint Types and indicates the date the appeal or request for direct intervention was received and the date the appeal decision or direct intervention investigation report was issued. Program areas that accepted appeals and requests for direct intervention in 2022 were:

• Categorical Programs Complaint Management (CPCM) Title I;
  • Title I; School Site Council; Single Plan for Student Achievement; Pupil Fees; English Learner Programs; Title III; District English Learner Advisory Committee Constitution; Dual Language Immersion Program; Local Control and Accountability Plan; Learning Recovery Grant; English Language Proficiency Assessment; English Learner Language Access; English Learner Instruction; English Learner Classification; Single Plan for Student Achievement; Courses Without Educational Content; General Fund; Military Family Education; School Safety Plans.
• Early Childhood Education
  • Abuse of a child enrolled in Early Education program.
• Education Equity
  • Discrimination, Harassment, Intimidation, and/or Bullying based on a protected characteristic; Retaliation.
• Local Agency System Support
  • Local Control and Accountability Plan; Local Control Funding Formula Supplemental and Concentration grant funds; Parent Advisory Committee.
• Physical Education
  • Not meeting 400 Physical Education instructional minutes.

The Education Equity Program accepted the highest number of appeals with 63 (62 percent of the total), followed by the Categorical Programs Complaint Management Program with 32 appeals and/or complaints (32 percent). The Local Agency Systems Support Office had four appeals, while the Early Childhood Education program had one appeal, and the Physical Education program completed one appeal.

If you have any questions regarding this report, please contact Celina Arias-Romero, Education Administrator, Education Equity UCP Office, by phone at 916-324-9820 or by email at CAriasRomero@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.