Figure 1
Figure 1 is a flowchart that displays the general process for resolving complaints filed with Local Educational Agencies (LEAs) under the Uniform Complaint Procedures, including the review of appeals filed with the California Department of Education (Education) regarding LEAs’ decisions on complaints. The process begins when a complainant files a written complaint with the LEA. Complainants may withdraw complaint at any time during the process for any reason, including if the parties reach an informal resolution. Otherwise, the LEA must review the complaint. If the complaint does not fall within the purview of the UCP, the LEA refers complainant to the appropriate entity or individual and the process ends. If the complaint falls within the purview of the UCP, the LEA must investigate the complaint and issue written decision within 60 calendar days. If the complainant accepts the decision and there was a corrective action plan required, the LEA will ensure the school or the district complies. If there was not a corrective action plan required, the complaint is closed. If the complainant does not accept the decision, the complainant may file a written appeal of the LEA decision within 15 calendar days with Education with certain exceptions. Education obtains and reviews the LEA investigation and other pertinent documents. If the appeal does not fall under UCP, Education must notify the complainant that the appeal does not fall under UCP jurisdiction and the process ends. If the appeal falls under UCP, but the appeal includes matters that were not included in the original complaint, the new allegations not included in the original complaint must be referred back to the LEA to investigate and issue a written decision within 60 calendar days. The process repeats with the LEA issuing a decision. If the appeal does not include matters that were not included in the original complaint, but the LEA failed to adequately address issues raised by the complaint, the complaint is referred back to the LEA to resolve within 20 calendar days. The process repeats with the LEA issuing a decision. If the LEA did not fail to adequately address issues raised by the complaint, then Education must make a determination of the appeal. Within 35 calendar days of receipt of the decision, the complainant or the LEA may request reconsideration by the State Superintendent of Public Instruction (State Superintendent). Within 35 days calendar days of receiving a request for reconsideration, the State Superintendent (or his or her designee) may respond in writing to the complainant and the LEA, either modifying the specific findings, conclusions, or corrective actions in Education’s decision or denying the request. The process ends.
Figure 2
Figure 2 is a graph showing the total number of appeals and the timeliness of reviews of those appeals by Education’s divisions that received appeals from July 1, 2013 through June 30, 2016. There are six circles, representing (from top left to bottom right) Categorical Programs Complaints Management Office (CPCM), Early Education and Support Division (Early Education), Educational Equity UCP Appeals Office (Educational Equity), Expanded Learning Division (Expanded Learning), Local Agency Systems Support Office (LASSO), and the School Facilities and Transportation Services Division (School Facilities). Each circle is proportionally divided by the number of appeals that were completed within specific days. The appeals completed within 60 days are shown in blue, appeals completed within 61 through 75 days are in green, appeals completed within 76 through 100 days are in yellow, and appeals taking more than 100 days to complete are shown in red. CPCM completed 295 appeals within 60 days, 23 appeals within 61 through 75 days, six appeals within 76 through 100 days, and 10 appeals after 100 days, for a total of 334 appeals. Early Education completed one appeal within 60 days and one appeal within 76 through 100 days, for a total of two appeals. Educational Equity completed 118 appeals within 60 days, 24 appeals within 61 through 75 days, 20 appeals within 76 through 100 days, and 146 appeals after 100 days, for a total of 308 appeals. Expanded Learning completed one appeal within 61 through 75 days and one appeal after 100 days, for a total of two appeals. LASSO completed nine appeals within 60 days and one appeal after 100 days, for a total of 10 appeals. School Facilities completed nine appeals within 60 days, three appeals within 61 through 75 days, two appeals within 76 through 100 days, and five appeals after 100 days, for a total of 19 appeals. At the bottom of the graphic, there are totals for the number of appeals completed by all six divisions within specified ranges of days. The six divisions completed a total of 432 appeals within 60 days, 51 appeals within 61 through 75 days, 29 appeals within 76 through 100 days, and 163 appeals after 100 days. The six divisions completed 243 appeals after 60 days.
Figure 3
Figure 3 is a graph showing the total number of complaints and the timeliness of investigations of complaints by Education’s divisions that received complaints from July 1, 2013 through June 30, 2016. Refer to There are six circles, representing (from top left to bottom right) Categorical Programs Complaints Management Office (CPCM), Educational Equity UCP Appeals Office (Educational Equity), Local Agency Systems Support Office (LASSO), Nutrition Services Division (Nutrition Services), Special Education Division (Special Education), and the School Facilities and Transportation Services Division (School Facilities). Each circle is proportionally divided by the number of complaints that were completed within specific days. The complaints completed within 60 days are shown in blue, complaints completed within 61 through 75 days are in green, those completed within 76 through 100 days are in yellow, and complaints completed after 100 days are shown in red. CPCM completed 38 complaints within 60 days, four within 61 through 75 days, 11 within 76 through 100 days, and eight after 100 days, for a total of 61 complaints. Educational Equity completed 128 complaints within 60 days, three within 61 through 75 days, three within 76 through 100 days, and 44 complaints after 100 days, for a total of 178 complaints. LASSO completed seven complaints within 60 days, one complaint within 76 through 100 days, and one complaint after 100 days, for a total of nine complaints. Nutrition Services completed 20 complaints within 60 days, three complaints within 61 through 75 days, four complaints within 76 through 100 days, and 120 complaints after 100 days, for a total of 147 complaints. Special Education completed 2,505 complaints within 60 days, 30 complaints within 61 through 75 days, nine complaints within 76 through 100 days, and seven complaints after 100 days, for a total of 2,551 complaints. Finally, School Facilities completed 11 complaints within 60 days and one complaint within 61 through 75 days, for a total of 12 complaints. At the bottom of the graphic, there are totals for the number of complaints completed by all six divisions within specified ranges of days. The six divisions completed a total of 2,709 complaints within 60 days, 41 complaints within 61 through 75 days, 28 complaints within 76 through 100 days, and 180 complaints after 100 days. The six divisions completed a total of 249 complaints after 60 days.