Uniform Complaint Procedure

Widget Didn’t Load

Check your internet and refresh this page.

If that doesn’t work, contact us.

What are Uniform Complaint Procedures?

A Uniform Complaint Procedures (UCP) complaint is a written and signed statement that alleges a violation of federal or state laws or regulations, which may include an allegation of discrimination, harassment, intimidation, or bullying. According to California Code of Regulations, Title 5, sections 4600-4687, every county office of education, school district, and charter school governing board (referred to as local education agencies, or LEAs) are required to establish local complaint policies that describe the procedures that must be followed to resolve complaints. These types of complaints must be filed using the LEA’s respective UCP form; ESUHSD’s policies and procedures can be found here.

Complaints may be filed anonymously. A complaint filed on behalf of an individual student may only be filed by that student or that student's duly authorized representative. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the local agency shall assist the complainant in the filing of the complaint.

ESUHSD's Official UCP Form

What are Williams Complaints?

A Williams Complaint is a different type of UCP complaint that regards instructional materials, emergency or urgent facilities conditions, and teacher vacancy or misassignment. They are filed with the principal or a school designee. Though schools offer forms for Williams Complaints, these forms do not have to be used as long as the complaint is submitted in writing.

What areas does the UCP cover?

According to the California Department of Social Services, the programs and subjects that fall within UCP scope are:

Accommodations for Pregnant and Parenting Pupils
Adult Education
After School Education and Safety
Agricultural Career Technical Education
Career Technical and Technical Education and Career Technical and Technical Training Programs
Child Care and Development Programs
Compensatory Education
Consolidated Categorical Aid Programs
Course Periods without Educational Content
Discrimination, harassment, intimidation, or bullying against any protected group as identified under sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance
Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families and pupils formerly in Juvenile Court now enrolled in a school district
Every Student Succeeds Act; Local Control and Accountability Plans (LCAP)
Migrant Education
Physical Education Instructional Minutes
Pupil Fees; Reasonable Accommodations to a Lactating Pupil; Regional Occupational Centers and Programs
School Plans for Student Achievement
School Safety Plans; School Site Councils
State Preschool
State Preschool Health and Safety Issues in LEAs Exempt from Licensing

LEAs are allowed to use their local complaint procedures to address complaints that are not covered by the UCP as well, but it is important to note that an alleged complaint can only be appealed to the California Department of Social Services (CDSS) if it meets one of the programs/subjects above.

Note that not all complaints fall under the scope of the UCP. Many concerns are the responsibility of the LEA, including classroom assignments, common core, grades, graduation requirements, hiring and evaluation of staff, homework policies and practices, provision of core curriculum subjects, student advancement and retention, student discipline, student records, the Bagley-Keene Open Meeting Act, the Brown Act, and other general education requirements. In addition, the following complaints are referred to other agencies for resolution and not subject to the UCP:

Allegations of child abuse are referred to County Departments of Social Services, Protective Services Divisions, or appropriate law enforcement agency
Health and safety complaints regarding licensed facilities operating a Child Development Program are referred to the Community Care Licensing Division at CDSS
Employment complaints are sent to the California Department of Fair Employment and Housing

The California Department of Social Services adheres to the California Code of Regulations, Title 5, section 4610, that outlines the Uniform Complaints Procedures (UCP) and will process complaints regarding student discrimination and/or categorical programs that are mandated by certain federal and state statutes and regulations as appeals of the local education agency decision or, in certain specified situations.

What is an appeal?

An appeal is a written and signed request by the complainant to the California Department of Social Services (CDSS) seeking review of a local educational agency (LEA) Investigation Report that was issued in a response to a properly-filed Uniform Complaint Procedures (UCP) complaint. A signature may be handwritten, typed (including in an email) or electronically-generated. If a complainant receives an LEA Investigation Report on a matter within the scope of the UCP and believes it is incorrect as a matter of fact or law, they have 30 calendar days to file a written appeal to the CDSS. The appeal packet must contain a copy of the original complaint to the LEA and a copy of the LEA's Investigation Report.

How much time does the LEA have to respond to my complaint?

The LEA must conduct and complete an investigation of the complaint and prepare a written decision to a UCP complaint within 60 calendar days of the date of receipt. This time period may be extended if the complainant agrees in a written format; though complainants are not required to agree to an extension, CA gov states that “we encourage the local resolution of complaints and, at times, an extension is necessary in order for the LEA to do a thorough and complete investigation.”

What do I do if I disagree with an LEA's decision regarding a complaint?

If you believe the LEA decision is incorrect as a matter of fact or law, or they failed to address all of your concerns, you may file an appeal within 30 calendar days to the CDSS the appeal, you must specify the reason for the appeal and whether the LEA's facts are incorrect and/or the law is misapplied. The appeal packet must contain a copy of the original complaint to the LEA and a copy of the LEA's Investigation Report. The complainant must specify and explain the basis for the appeal, including at least one of the following listed on the side.

another infographicccc

The LEA failed to follow its complaint procedures, and/or
Relative to the allegations of the complaint, the LEA Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or
The material findings of fact in the LEA Investigation Report are not supported by substantial evidence, and/or
The legal conclusion in the LEA Investigation Report is inconsistent with the law, and/or
In a case in which the LEA found noncompliance, the corrective actions fail to provide a proper remedy.

Questions? Feel free to contact us here!

EVHS Wellness Center

3300 Quimby Rd.

San Jose, CA 95148

@cougarsupportden

evhscougarsd@gmail.com