2024 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 101 of the 2023–24 Budget Act
Due Date: On or before January 31, 2024

2024 Uniform Complaint Procedures Update
California Department of Education
Report to the State Legislature

The Budget Act of 2023 (SB 101 [Chapter 12, Statutes of 2023] 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) 2023 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 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 2023 were:

• Categorical Programs Complaint Management (CPCM)
  • Title I; Poverty Data Collection/Timely Consultation; Pupil Fees (Donations, Music Fees, Physical Education Uniforms; School Supplies, Single Plan for Student Achievement); Title III; English Learner Instruction; English Learner Classification; District English Learner Advisory Committee; School Safety Plans; School Site Council.
• Education Equity
  • Discrimination, Harassment, Intimidation, and/or Bullying based on a protected characteristic; Retaliation.
• Integrated Student Support and Programs
  • Direct Investigations: Cal. Educ. Code Section 49069.5(a)(3), Cal. Educ. Code 49069.5(g), (h), 5 CCR §4631(a) Cal. Educ. Code §49069.5(i)(2); 5 CCR §4633(j); 5 CCR §4631(a); Cal. Ed. Code §46207; Cal. Educ. Code §48850; Cal. Educ. Code §48850(e); §48853.5(e)(8)(A); 6 AB 379 (Chapter 772, Statutes of 2016); Cal. Educ. Code §48859(c).
• Local Agency System Support
  • Educational Partner Engagement, Composition of the Parent Advisory Committee.
• Physical Education
  • Instructional minutes.
• School Facilities and Transport Services
  • Air Quality; Facilities; Instructional Materials; Restrooms; Turf Fields; Williams Complaints

The Education Equity Program accepted the highest number of appeals with 34 (47 percent of the total), followed by the Categorical Programs Complaint Management Program with 27 appeals and/or complaints (37 percent). School Facilities and Transportation Services completed six appeals; the Integrated Student Support and Programs Office completed three, the Local Agency Systems Support Office completed two, and Physical Education 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.