Report 2016-109 Recommendation 23 Responses

Report 2016-109: Uniform Complaint Procedures: The California Department of Education's Inadequate Oversight Has Led to a Lack of Uniformity and Compliance in the Processing of Complaints and Appeals (Release Date: January 2017)

Recommendation #23 To: Education, Department of

After it makes the recommended regulatory changes to allow extensions under exceptional circumstances, Education should review LEAs' extensions to investigations as part of its Federal Program Monitoring to ensure that LEAs' documentation is sufficient and that their reasons adequately justify such extensions.

Annual Follow-Up Agency Response From October 2019

Education does not concur with the recommendation (See response to Recommendation 22). Education will not take any action on this recommendation.

California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement

Refer to our public reasoning assessment for Recommendation 22.

Also, as we state on page 10 of our report, Education's Categorical Complaints Management is responsible for both the on-site and desk reviews of LEAs' compliance with laws and regulations related to UCP. We further state on page 10 that Categorical Complaints Management also reviews a random selection of LEAs' UCP files and decisions to ensure that they meet specified regulatory requirements. Considering that Categorical Complaints Management already reviews complaint files and decisions, Education's existing reviews could evaluate LEAs' documentation and rationale for any extensions.


Annual Follow-Up Agency Response From October 2018

Education's status remains unchanged (See response to Recommendation 22).

California State Auditor's Assessment of Annual Follow-Up Status: Pending


1-Year Agency Response

Education's status remains unchanged (See response to Recommendation 22).

California State Auditor's Assessment of 1-Year Status: Pending


6-Month Agency Response

Education's status is unchanged (see response to Recommendation 22).

California State Auditor's Assessment of 6-Month Status: Pending


60-Day Agency Response

If it is determined that regulatory changes allowing extensions under exceptional circumstances are feasible and approved by the SBE, (see Recommendation 22), Education will modify existing processes to remain in compliance, which may require a substantial amount of additional resources.

California State Auditor's Assessment of 60-Day Status: Pending


All Recommendations in 2016-109

Agency responses received are posted verbatim.