2022 Uniform Complaint Procedures Update

Prepared by the
Education Equity Uniform Complaint Procedures Office

Description: Update on California Department of Education Uniform Complaint Procedures.
Authority: Assembly Bill 128 of the 2021–22 Budget Act
Due Date: On or before January 31, 2022

2022 Uniform Complaint Procedures Update
California Department of Education
Report to the State Legislature

The Budget Act of 2021 (AB 128 [Chapter 21, Statutes of 2021] 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 decisions on Uniform Complaints] by complaint type and program area, including the rationale for complaints that exceeded 60 days.”

The Uniform Complaint Procedures (UCP) 2021 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, 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 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 2021 were:

• Categorical Programs Complaint Management (CPCM) Title I;
  • 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, and/or Bullying based on a protected characteristic; retaliation.
• Expanded Learning
  • Harassment and bullying on the basis of unsafe COVID practices and retaliation; Harassment on the basis of sexual activity
• Foster Youth
  • Enrollment; Partial Credits; School of Origin
• Local Agency Systems of Support
  • Increased or Improved Services; Stakeholder Engagement
• Williams
  • Facilities

The Education Equity Program accepted the highest number of appeals with 51 (64 percent of the total), followed by the Categorical Programs Complaint Management Program with 19 appeals and/or complaints (24 percent). The Expanded Learning Program completed two appeals, while the Foster Youth Program completed one appeal. The Local Agency Systems of Support Office addressed two appeals, and the Williams Program completed four appeals.

If you would like to request a copy of this report, please contact the Education Equity UCP Office at 916-319-8239 or eeucpo@cde.ca.gov.

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.