What is a complaint?
A complaint is a written statement alleging discrimination, harassment, or a violation of a federal or state law or regulation. A complaint must be filed by way of the Uniform Complaint Procedures (UCP) as written in the California Code of Regulations, Title 5, sections 4600-4687. Issues that may involve filing a complaint using the UCP are under various state and federal programs that use categorical funds such as Adult Education, Career Technical Education, Child Development, Consolidated Categorical Programs, Indian Education, Migrant Education, Nutrition Education, and Special Education.
Williams Settlement complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils, and teacher vacancy or misassignment may be filed anonymously. Schools shall have a complaint form available for these types of complaints. Schools will not reject a complaint if the form is not used as long as the complaint is submitted in writing.
Valenzuela Settlement (Assembly Bill 347) requires school districts that receive intensive instructions funds to post a notice in Grades 10 to 12 classrooms and provide an area on the complaint form for alleging a lack of opportunity to receive intensive instruction and services for pupils who have not passed one or both parts of the high school exit exam by the end of 12th grade.
Not all complaints fall under the scope of the UCP. Many concerns are the responsibilities of the local agencies, including, hiring and evaluation of staff, classroom assignments, student advancement and retention, selection/provision of textbooks and materials, student discipline, provision of core curricula subjects, facilities, graduation requirements, homework policies and practices, use of general education funds and dress codes and school uniforms.
The following documents describe the process in filing a complaint. Topics include referring complaint issues, local educational agency responsibilities, district policies and procedures, filing a local complaint, time lines, appealing local agency decisions, department resolution procedures, the on-site investigation process, and CDE's investigation procedures and investigation report.
Uniform Complaint Procedures
Uniform Complaint Procedures brochure (Dated 26-Jan-2009; PDF; 91KB; 2pp.)
Authorized by California Code of Regulations , Title
5, sections 4600-4687
Uniform Complaint Procedures brochure text (Dated 14-Nov-2008; DOC; 49.5KB; 4pp.)
Authorized by California Code of Regulations , Title 5, sections 4600-4687
Available Translations of the Uniform Complaint Procedures brochure text
This brochure describes the process in filing an official complaint under the Uniform Complaint Procedures process and provides the contacts responsible as authorized by California Code of Regulations, Title 5, sections 4600 through 4687.
Samples
Sample Notice to Parents and Guardians - Complaint Rights (Dated 10-Nov-2008; DOC; 30KB; 1p.)
Sample Notice to Parents and Guardians - Complaint Rights (Spanish) (Dated 28-Sep-2007; DOC; 32KB; 2pp.)
Other Available Translations of the Sample Notice to Parents and Guardians – Complaint Rights
The Sample Notice to Parents and Guardians – Complaint Rights is used by local educational agencies (LEAs) to inform parents of the notice that is posted in each classroom in each school notifying all parents/guardians, pupils and teachers of their rights to complain about possible insufficient instructional material, unclean and/or unsafe school facilities, and/or teacher vacancies and/or misassignments.
Sample Uniform Complaint Procedure Form (Dated 10-Nov-2008; DOC; 32KB; 1p.)
Sample Uniform Complaint Procedure Form (Spanish) (Dated 28-Sep-2007; DOC; 31KB; 2pp.)
Other Available Translations of the Sample Uniform Complaint Procedure Form
The Sample Uniform Complaint Procedure Form is used by local educational agencies (LEAs) to notify parents of the procedure for filing complaints concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. This form contains elements required by Education Code Section 35186 and 5CCR 4600-4687.
Sample Uniform Complaints Notice for Classrooms at Schools Grades 10 to 12 for School Districts Who Receive Intensive Instructions Funds (Dated 30-Jan-2009)
Available Translations of the Sample Uniform Complaints Notice for Classrooms at Schools with Grades 10 to 12 for School Districts Who Receive Intensive Instructional Funds
Part of the implementation of the Valenzuela Settlement (Assembly Bill 347) requires that school districts who receive intensive instructions funds post a notice in all classrooms for all parents/guardians, pupils and teachers of their rights to complain and provide a complaint form at all schools with Grades 10 to 12 regarding possible insufficient instructional material, unclean and/or unsafe school facilities, teacher vacancies and/or misassignments AND/OR lack of opportunities to receive intensive instruction and services for pupils who have not passed one or both parts of the high school exit examination by the end of the 12th grade.
Sample Uniform Complaint Procedure Form: High School Version (Dated 30-Jan-2009; DOC, 36KB; 1p.)
Available Translations of the Sample Uniform Complaint Procedure Form: High School Version
Education Code Section 35186 created a procedure for the filing of complaints concerning deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean or safe manner or in good repair, and teacher vacancy or misassignment. Education Code Section 37254 requires each school serving students in grades 10-12 to assure student eligibility for assistance in preparing for the California high school exit exam after grade 12.
