Local educational agencies that have been involved in the complaint process know how complicated it can be. Whether it is Title IX, the Williams Act, or a Uniform Complaint Procedure (UCP), following the prescriptive steps can be confusing and burdensome. Just deciding which of the complaint procedures an LEA must use hinges on the facts of the complaint received. Complaints of sexual harassment, for example, must be evaluated pursuant to the federal Title IX procedures, while complaints concerning student fees should be addressed by the state mandated UCP policies. To properly evaluate a complaint is to first determine which type of complaint it is, and which procedure to use.

LEAs are required by both state and federal law to evaluate specific complaints using specific complaint procedures. And, while federal Title IX laws receive notoriety among news sources because of their nationwide impact, California’s complaint procedures, the Williams Act and the UCP, are frequently overlooked and underutilized — often in direct violation of state law.

As such, understanding what the UCP is and how to use it is imperative to keep LEAs out of costly California Department of Education (CDE) appeal processes, civil liability and negative audit reports.

The CDE provides an extensive list of 24 types of complaints that fall within the UCP. However, there is nothing in the law that prohibits an LEA from utilizing the UCP for the handling of complaints that fall outside this list. Keep in mind, however, that appeals of an LEA’s decision to the CDE are limited to the 24 types of complaints listed by the CDE.

While the list of UCP complaint topics is long, the most common UCP complaints that LEAs receive include complaints concerning:

• Discrimination or harassment based on race, color, sex, disability and other protected characteristics
• After-school education and safety
• Child care and development programs
• Student fees
• Consolidated categorical aid programs
• Diversity of instructional materials and curriculum

While many complaints fall under the UCP, there are certain things that are definitively not a UCP complaint — allegations that fall under the federal Title IX laws, for example.

Because of this complicated landscape, when an LEA receives a complaint, it must carefully consider what is being alleged, whether it falls within the UCP procedures, and thereafter timely and effectively use those procedures to mediate, investigate and ultimately resolve the complaint.

Generally, when an LEA receives a UCP complaint, the complaint coordinator will evaluate the complaint to first determine the correct procedure to use. Thereafter, the coordinator will provide required notice letters, schedule informal resolution sessions as appropriate, assign an investigator to conduct a thorough investigation, and coordinate the investigation findings, determination and final written decision. The coordinator must also ensure that the parties are informed of their appeal rights and assist in the coordination of appeals as necessary. The full process, including the investigation and board appeal, if applicable, must be completed within 60 calendar days of receiving the complaint.

Yet, while this general description may seem simple enough, there is a lot to unpack with any UCP process. Specific factual scenarios, tight deadlines, high emotions and complicated procedures make complaint handling a difficult task.

To bridge the gap between these mandated regulations and LEA compliance, CSBA is offering a unique training program specifically tailored to understanding and managing the complicated process of the UCP.

The first UCP University is being help on April 29 in West Sacramento, with more classes to be scheduled in the future.

This new training is designed for LEA administrators, compliance officers, complaint coordinators and board members seeking to enhance their understanding of UCP requirements and ensure compliance with state regulations. The training will include:

• Overview of UCP: Key elements, timelines and reporting requirements
• Common UCP issues: Practical guidance on when UCP applies and handling discrimination, harassment and other grievances
• Best practices: Proven strategies for managing investigations, documentation and resolution
• Recent updates: Insights into the latest legal developments affecting UCP

The first step towards compliance is understanding your LEA’s responsibilities. And CSBA Legal Services is here to help. Should you have any questions about this article, the UCP, or registering for the UCP training, please email legalservices@csba.org.

This article is intended for informational purposes only and should not be relied upon as legal advice. Should you have questions about how this topic affects your district or COE, please contact CSBA’s Legal Services at legalservices@csba.org or (916) 669-1551.