CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction Uniform Complaint Procedures Monitoring Requirements Training for Local Educational Agencies Categorical Programs Complaint Management Office 2015

TOM TORLAKSON State Superintendent of Public Instruction Purpose 2 To gain an understanding of: Benefits of training Regulatory basis Uniform Complaint Procedures (UCP) documents Implementation procedures and timelines California Accountability and Improvement System and UCP Resources and contacts

TOM TORLAKSON State Superintendent of Public Instruction 3 UCP Contacts The information provided in this training applies only to complaints under the jurisdiction of the Categorical Programs Complaints Management (CPCM) Office. For information regarding UCP complaints outside of our jurisdiction, please contact the appropriate CDE program office. Program or Service Phone Number Adult Education Agricultural Vocational Education Career Technical Education Child Care and Development (including State Preschool) Educational Equity (Discrimination, Harassment, Intimidation, Bullying and Civil Rights Guarantees) Facilities Federal Class Size Reduction Initiative (K-3) Local Control Funding Formula (LCFF)- Content or Procedures Program or Service Phone Number Local Control Funding Formula (LCFF)- Fiscal Migrant Education NCLB: Titles I- VII Nutrition Services (including child nutrition) Regional Occupational Centers and Programs Special Education Tobacco-Use Prevention Education

TOM TORLAKSON State Superintendent of Public Instruction Benefits of Training Local Educational Agencies receive updated information regarding UCP monitoring The CDE provides technical assistance to LEAs Potential reduction of UCP procedural complaints 4

TOM TORLAKSON State Superintendent of Public Instruction Legal Requirements Federal Laws 34 Code of Federal Regulations (CFR) Section –511 5

TOM TORLAKSON State Superintendent of Public Instruction Legal Requirements California State Laws *new since July 2012 California Code of Regulations, Title 5 (5 CCR) sections 4600–4687 (Revised January, 2014*) Education Code (EC) sections 200, 220, EC sections 234 – (“Seth’s Law” / enacted July 2012*) EC Section EC Section EC sections – (Pupil Fees law / enacted July 2013*) EC Section (a-f) (School Finance laws(LCFF and LCAP) / enacted June 2014*) Government Code (GC) sections 11135, Penal Code (PC) Section

TOM TORLAKSON State Superintendent of Public Instruction All legal requirements for the UCP procedures are included in the UCP instrument posted to CAIS and the Compliance Monitoring web pages from the CDE Legal Requirements 7

TOM TORLAKSON State Superintendent of Public Instruction The six UCP documents meet the federal and state laws, statutes, and regulations: UCP 1: Policy and Procedures UCP 2: Annual Notice UCP 3: Implementation UCP 4: Williams Complaints Policies and Procedures UCP 5: Williams Complaints Classroom Notice UCP 6: Williams Complaints Form UCP Documents 8

TOM TORLAKSON State Superintendent of Public Instruction UCP 1 Policy and Procedures The LEA has adopted UCP procedures for all specified programs, pupil fees violations, local control and accountability plan noncompliance, and provides civil rights guarantees. 9

TOM TORLAKSON State Superintendent of Public Instruction 10 UCP 1 Policy and Procedures  First page of the CDE Sample UCP Policy and Procedures document (total 6 pages) available for use by all LEAs. Available on the CDE CPCM Web page at /re/cp/uc /.

TOM TORLAKSON State Superintendent of Public Instruction UCP 2 (Cont.) Annual Notice The LEA annually notifies, in writing, its students, employees, parents/guardians, advisory committee members, private school officials, and other interested parties of the LEA’s UCP process. 11

TOM TORLAKSON State Superintendent of Public Instruction 12 UCP 2 (Cont.) UCP Annual Notice  First page of the CDE Sample UCP Annual Notice document (total 2 pages) available for use by all LEAs. Available on the CPCM webpage at /re/cp/uc /

TOM TORLAKSON State Superintendent of Public Instruction UCP 3 Implementation The LEA must investigate and seek to resolve complaints, in accordance with the UCP procedures adopted by their governing board, alleging: A violation by the LEA of a federal or state law or regulation governing the programs listed in 5 CCR Discrimination, harassment, intimidation, and/or bullying Charging pupil fees for participation in an educational activity Evidence or information leading to evidence to support an allegation of noncompliance with the requirements of the Local Control and Accountability Plan (LCAP) 13

TOM TORLAKSON State Superintendent of Public Instruction UCP 3 (Cont.) Implementation 14  CDE Uniform Complaint Procedures Self- certification Form for UCP 3 available on CAIS for use only by LEAs scheduled to have an online Federal Program Monitoring review.

TOM TORLAKSON State Superintendent of Public Instruction UCP 4 Williams Complaints Policies and Procedures The LEA is required to have local policies and procedures that enable Williams Complaints to be handled through its governing-board approved UCP process in accordance with 5 CCR to resolve Williams Complaints regarding alleged deficiencies related to: Instructional materials Teacher vacancy or misassignment The condition of a facility that is not maintained in a clean or safe manner or in good repair 15

TOM TORLAKSON State Superintendent of Public Instruction UCP 4 (Cont.) Williams Complaints Policies and Procedures Note that AB 97—School Finances, which includes the Local Control Funding Formula (LCFF) and the LCAP—removed the Valenzuela requirement where pupils were provided intensive instruction and services pursuant to EC Section 37254(d) (4) and (5) after the completion of grade 12 if they had not passed the California High School Exit Examination by the end of 12 th grade. The UCP instrument no longer contains this language. 16

TOM TORLAKSON State Superintendent of Public Instruction UCP 5 Williams Complaints Classroom Notice The LEA provided a UCP process in accordance with 5 CCR to resolve Williams Complaints by posting a Williams Complaints Classroom Notice notifying parents/guardians, pupils, and teachers in each classroom in each school in each district regarding alleged deficiencies related to: Instructional materials Teacher vacancy or misassignment Facility conditions 17

TOM TORLAKSON State Superintendent of Public Instruction UCP 5 (Cont.) Williams Complaints Classroom Notice 18  CDE Sample Williams Complaints Classroom Notice available for use by all LEAs. Available in English and other languages on the CDE CPCM Web page at /re/cp/uc /.

TOM TORLAKSON State Superintendent of Public Instruction UCP 5 (Cont.) Williams Complaints Classroom Notice 19  CDE Williams Complaints Self- certification Form for UCP 5 available on CAIS for use by all LEAs scheduled to have an online FPM review.

TOM TORLAKSON State Superintendent of Public Instruction UCP 6 Williams Complaints Form The LEA’s Williams Complaints Form must be available at all school sites. The Williams Complaints Form must identify deficiencies related to: Textbooks and instructional materials Teacher vacancy or misassignment Conditions of facilities 20

TOM TORLAKSON State Superintendent of Public Instruction UCP 6 (Cont.) Williams Complaints Form 21  CDE Sample Williams Complaints Form available for use by all LEAs. Available in English and in other languages on the CDE CPCM Web page at /re/cp/uc /.

TOM TORLAKSON State Superintendent of Public Instruction CAIS 22

TOM TORLAKSON State Superintendent of Public Instruction CAIS UCP Documents to be Uploaded UCP 1 Policies and Procedures One set of the local governing board-approved UCP Policy and Procedures UCP 2Annual Notice One sample UCP annual notice in English – may be one of the following format: flyer, handbill, leaflet, brochure, pamphlet (a second sample in another language is acceptable) UCP 3Implementation On-site reviews - no document is needed; online reviews only – one LEA Self-certification for UCP 3 form and district complaint log UCP 4 Williams Complaints Policies and Procedures One set of the local governing board-approved Williams Complaints Policy and Procedures UCP 5 Williams Complaints Classroom Notice One sample Williams Complaints Classroom Notice in English (a second sample in another language is acceptable), and for online reviews only, a LEA Self-certification UCP 6 Williams Complaints Form One sample Williams Complaints form in English (a second sample in another language is acceptable) 23

TOM TORLAKSON State Superintendent of Public Instruction Sample UCP documents are located in the ‘Resources’ section in each of the six UCP items on CAIS CAIS 24

TOM TORLAKSON State Superintendent of Public Instruction CAIS Deadlines Before FPM review, the LEA uploads documents on CAIS 30 calendar days before the first day of scheduled review During the FPM review, the LEA may upload additional documents no later than the day before the last day of a review. –On-site: 5 p.m. –Online: 1 p.m. 25

TOM TORLAKSON State Superintendent of Public Instruction CAIS (Cont.) Deadlines After the FPM review, any resolution documents from LEA are due 45 calendar days from the last day of the review When the LEA submits resolution documents, the assigned CPCM consultant responds within 15 calendar days If LEA cannot submit resolution documents in 45 calendar days, the LEA can request a Resolution Agreement, which the CPCM consultant will approve or deny within 5 calendar days 26

TOM TORLAKSON State Superintendent of Public Instruction Resources and Contacts UCP Brochure and Sample Documents: Categorical Programs Complaints Management Office Celina Arias-Romero, Administrator

TOM TORLAKSON State Superintendent of Public Instruction This concludes the UCP Training. We will proceed with a question and answer session. 28