Transcript Uniform Complaint Procedures Presentation
Uniform Complaint Procedures
Categorical Programs Complaints Management (CPCM) Unit School and District Accountability Division California Department of Education
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UCP Workshop Overview
Welcome
Introductions
Powerpoint presentation
Materials
Guided practice
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Materials in Workshop Packet
Agenda for workshop Uniform Complaint Procedures (UCP) checklist UCP sample brochure Sample California Department of Education (CDE) letter CDE UCP contacts Powerpoint presentation Uniform Complaint Procedures
Title 5 California Code of Regulations
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What is a UCP Complaint?
An allegation about a possible violation of federal and state law or regulation
A complaint that is related to the
California Code of Regulations, Title
5, Sections 4600-4671.
A way to initiate resolution of noncompliant issues related to the law
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UCP Related Programs
Adult Education Career Technical Education Child Development Consolidated Programs Indian Education Migrant Education Nutrition Services Special Education
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Consolidated Categorical Aid Programs (Federal)
No Child Left Behind Act of 2001
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Title I (Basic Programs)
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Title II (Teacher Quality and Technology)
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Title III (Limited English Proficient)
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Title IV (Safe and Drug Free Schools)
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Title V (Innovative Strategies)
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Title VI (Rural and Low Income School Programs)
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Consolidated Categorical Aid Programs (State)
Economic Impact Aid / State Compensatory Education (EIA/SCE)
Economic Impact Aid / State Program for Students of Limited English Proficiency (EIA/LEP)
School Improvement
Tenth-Grade Counseling
Tobacco-Use Prevention Education (TUPE)
Peer Assistance and Review (PAR)
School Safety and Violence Prevention Act
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Special Education
A public agency (other than a local educational agency) Fails or refuses to follow provisions for free, appropriate, public education Fails to comply with due process procedures
The complainant alleges that a student is not receiving services specified in the student’s individualized education program (IEP).
Violation of federal law governing special education
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Unlawful Discrimination
Title 5, California Code of Regulation Section 4610 Civil Rights Protection Age Sex Sexual orientation Gender Ethnic identification Race Ancestry National origin Religion Color Mental disability Physical disability
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Referrals to Other Agencies
Rehabilitation Act of 1973 Section 504 Office for Civil Rights
Child Abuse Dept of Social Services, Protective Services Local Law Enforcement Agency
Health and Safety/Child Development Department of Social Services
General Education Local Education Agency
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Referrals to Other Agencies (
Cont.)
Discrimination / Nutrition Services U.S. Secretary of Agriculture U.S. Dept of Agriculture, West Region
Employment Discrimination Dept of Fair Employment and Housing Office for Civil Rights
Fraud CDE directors or legal counsel
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Responsibilities of a Local Agency
Hiring and evaluation of staff Classroom assignments Student advancement and retention Selection and provision of textbooks and materials Student discipline Provision of core curriculum subjects Facilities Graduation requirements Homework policies and practices Use of general education funds Dress codes and school uniforms
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Filing a Complaint
Who can file?
Any person, public agency, or organization is eligible to file.
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Complainant’s Responsibilities
Receive and read the annual written notice of UCP from the district
Follow the steps of the district UCP complaint procedures
File the complaint in writing with the district’s complaint officer
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Complainant’s Responsibilities (Cont.)
Appeal to the state agency for resolution (within 15 days) if dissatisfied with the local agency decision.
Appeal to the State Superintendent of Public Instruction (SSPI) if dissatisfied with state agency’s determination.
Federal programs
U.S. Dept. of Education
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Local Agency Responsibilities
Comply with statutes and regulations.
Adopt policies and procedures to resolve complaints.
Protect complainants against retaliation.
Ensure confidentiality for discrimination complaints.
Designate a responsible staff position for receiving complaints.
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Local Agency Responsibilities (Cont.)
Distribute annual notification regarding the local procedures to: Students Employees Parents Committees Other interested parties
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Notification Requirements
Statement of purpose Identification of with whom to file a complaint
Description of complaint procedures Applicable primary languages Civil law remedies
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Local Agency Responsibilities (Cont.)
Investigate, mediate and report to the complainant within 60 days.
Give the complainant an opportunity to present relevant information.
Prepare and forward a written report of the decision to the complainant.
Advise the complainant of the 15-day appeal rights timeline in the report.
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Local Agency Responsibilities (Cont.)
If the local decision is appealed, CDE will review the appeal and may request the district to provide the following information:
The original complaint Copy of local decision Summary of local investigation Action taken to resolve original complaint Copy of UCP procedures Other relevant information
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CDE Responsibilities
CDE
WILL REFER
all correspondence to the local agency if the complaint was not originally filed with the local agency.
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CDE Intervention
CDE will interfere if:
The local agency fails to comply with complaint procedures.
Discrimination is alleged or there is an indication of an immediate loss of benefits, such as education or employment for students
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CDE Intervention (Cont.)
CDE will interfere if:
The complainant requests anonymity and has proven that retaliation has occurred.
The local agency fails to implement the final decision resulting from a local investigation or mediation process.
The local agency fails to respond to the complainant within 60 days.
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Mediation
Mediation involves the following elements:
Trained mediator
Agreement consistent with laws and regulations
Agreement sent to each party
Follow-up agreement provisions for compliance
Completion within 60 days
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Investigation
Conduct fact - finding sessions.
Meet with complainant(s) and agency personnel.
Investigate and exam information.
Interview agency personnel, parents, and/or students.
Observe classroom activities.
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Investigative Report
An investigative report contains the following information:
Allegation
Legal authority
Scope of investigation
CDE factual review
Findings and conclusions
Required actions
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Reconsideration of Report
Within 35 days, either party may appeal to the SSPI to reconsider
SSPI has 15 days to reconsider report Federal programs
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U. S. Dept. of Education
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Resolution
Voluntary compliance
Conditional compliance (probationary eligibility for fiscal support)
Withholding of all or a part of state/federal fiscal support
Compliance compelled through court action
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UCP Contact Persons
Adult Education Career Technical Education Jean Scott Al Tweltridge Child Development Terry Miller Consolidated Categorical Aid Programs Categorical Programs Complaints Management Unit Indian Education Migrant Education Nutrition Services Special Education Manuel Alfaro Manuel Alfaro Eva Lopez-Contreras Procedural Safeguards and Referral Services Unit Nondiscrimination Requirements Sharon Felix-Rochon and Civil Rights Protections, Office of Equal Opportunity
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Uniform Complaint Procedures
Categorical Programs Complaints Management Unit
916 – 319 – 0929
Kathleen Seabourne, Manager Stephanie Papas, Education Programs Consultant Dr. Jacqueline Brownlee, Education Programs Consultant Judy Reichle, Education Programs Consultant Charlotte Keuscher-Barkman, Education Programs
Consultant
Sally Lewis, Analyst Glenda Heath, Office Technician
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Guided Practice
Find your UCP annual notification.
Find out how and where the UCP notification was disseminated to students, employees, and parents.
Review the UCP notification by using the UCP checklist.
Prepare and organize UCP information for the Coordinated Compliance Review (CCR).
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Guided Practice (Cont.)
Uniform Complaint Procedures Checklist UCP 1 Evidence of compliance with required provisions of local policy and procedure UCP 2 Evidence of compliance with annual notification requirements UCP 3 Evidence of proper implementation of the mediation or investigation process
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Guided Practice (Cont.)
Yes No Elements
1. A statement of purpose regarding compliance with federal and state laws and regulations.
2. Includes all relevant programs implemented in the district
and
civil rights protections regarding ancestry, color, ethnic group identification, national origin, mental and/or physical disability, race, religion, sex, gender, sexual orientation.
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Questions?
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Extra!! Extra!!
If you would like to view this information again, please visit our Web site at: http://www.cde.ca.gov
If you do not have access to the Internet, please refer to the printed workshop materials.
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