Uniform Complaint Procedure

What is a UCP complaint?

A complaint under the Uniform Complaint Procedures (UCP) is a written and signed statement alleging a violation of federal or state laws governing certain educational programs.

What programs and activities are subject to the UCP?

Accommodations for Pregnant and Parenting Pupils
  • Adult Education
  • After School Education and Safety
  • Agricultural Career Technical Education
  • Career Technical and Technical Education and Career Technical and Technical Training Programs
  • Child Care and Development Programs
  • Compensatory Education
  • Consolidated Categorical Aid Programs
  • Course Periods without Educational Content
  • Discrimination, harassment, intimidation, or bullying against any protected group as identified under California Education Code (EC) sections 200 and 220 and Government Code Section 11135, including any actual or perceived characteristic as set forth in Penal Code Section 422.55, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in EC Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.
  • Educational and graduation requirements for pupils in foster care, pupils who are homeless, pupils from military families, pupils formerly in Juvenile Court now enrolled in a school district, pupils who are migratory, and pupils participating in a newcomer program.
  • Every Student Succeeds Act (ESSA)
  • Instructional Materials and Curriculum: Diversity
  • Local Control and Accountability Plans (LCAP)
  • Migrant Education
  • Physical Education Instructional Minutes
  • Pupil Fees
  • Reasonable Accommodations to a Lactating Pupil
  • Regional Occupational Centers and Programs
  • School Plans for Student Achievement
  • Schoolsite Councils
  • State Preschool
  • State Preschool Health and Safety Issues in LEAs Exempt from Licensing
  • And any other state or federal educational program the State Superintendent of Public Instruction (SSPI) or designee deems appropriate.

What issues are not covered by the UCP?

Not all complaints fall under the scope of the UCP. Many concerns are the responsibility of the LEA, including classroom assignments, common core, grades, graduation requirements, hiring and evaluation of staff, homework policies and practices, student advancement and retention, student discipline, student records, the Bagley-Keene Open Meeting Act, the Brown Act, and other general education requirements. The LEA, however, may use its local complaint procedures to address complaints not covered by the UCP.

Only allegations within the subject matters falling within the UCP can be appealed to the California Department of Education (CDE).

In addition, the following complaints are referred to other agencies for resolution and not subject to the UCP:

  • Allegations of child abuse are referred to County Departments of Social Services, Protective Services Divisions, or appropriate law enforcement agency.
  • Health and safety complaints regarding licensed facilities operating a Child Development Program are referred to the Department of Social Services.
  • Employment complaints are sent to the California Department of Fair Employment and Housing.

How do I file a UCP complaint and how is it processed?

The LEA’s UCP complaint policies and procedures provide the information needed to file a local complaint. Each LEA must annually notify its students, employees, parents/guardians, school and district advisory committees, appropriate private school officials and other interested parties of the LEA’s UCP complaint policies and procedures, and the opportunity to appeal the LEA's Investigation Report to the CDE. LEAs must provide their complaint policies and procedures free of charge.

Williams Complaints

A Williams complaint concerns alleged deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment. They may be filed anonymously. LEAs must have a complaint form available for these types of complaints, but will not reject a complaint if the form is not used as long as the complaint is submitted in writing. Under applicable regulations, a notice must be posted in each classroom in each school notifying parents and guardians of the matters subject to a Williams complaint and where to obtain a form to file a complaint.

A Williams complaint must be resolved by the school principal or by the district superintendent or his or her designee. A complainant who is not satisfied with the resolution has the right to describe the complaint to the governing board of the school district at a regularly scheduled meeting of the board. Except for complaints involving a condition of a facility that poses an emergency or urgent threat, there is no right of appeal to the CDE.

In the case of complaints concerning a condition of a facility that poses an emergency or urgent threat, a complainant who is not satisfied with the resolution has the right to file an appeal to the Superintendent of Public Instruction at the CDE within 15 calendar days of receiving the LEA’s decision.