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Uniform Complaints Procedures (UCP)
A Uniform Complaint Procedures or UCP complaint is a written statement alleging discrimination, harassment, intimidation and/or bullying or a violation of a federal or state law or regulation, including noncompliance with laws relating to pupil fees (Assembly Bill 1575). A UCP complaint must be filed by way of the Uniform Complaint Procedures as written in the California Code of Regulations, Title 5, sections 4600-4687 and Education Code sections 234, 234.1, 234.2, 234.3, 234.5, 49010-49013. Issues that may involve filing a complaint using the UCP are under various state and federal programs that use categorical funds such as Adult Education, Career Technical And Technical Education And Training Programs, Child Care And Developmental Programs, Child Nutrition Programs, Consolidated Categorical Aid Programs, Federal Safety Planning Requirements, Migrant Education, and Special Education Programs.
The Valenzuela Complaint
The Valenzuela vs. O’Connell et al., lawsuit filed in February 2006 challenging the California High School Exit Examination (CAHSEE) was settled in July 2007. On October 12, 2007, the Governor signed AB 347, which expands the services available to pupils for up to two consecutive years after completion of grade twelve (currently pupils in the Classes of 2006 and 2007) who have not yet passed the CAHSEE under the Intensive Service and Instruction and the Middle and High School Counseling Programs. The bill also makes other changes to Education Code sections 1240, 35186, 37254, 52378 and 52380 to implement the settlement. The text of AB 347 can be found at http://www.leginfo.ca.gov/.
WILLIAMS/VALENZUELA UNIFORM COMPLAINT PROCEDURES
NOTICE TO PARENTS/GUARDIANS, STUDENTS, AND TEACHERS: COMPLAINT RIGHTS
Parents/Guardians, Students, and Teachers:
Pursuant to Education Code 35186, you are hereby notified that:
1. There should be sufficient textbooks and instructional materials. That means each student, including an English learner, must have a textbook or instructional materials, or both, to use in class and to take home.
2. School facilities must be clean, safe, and maintained in good repair.
3. There should be no teacher vacancies or misassignments. There should be a teacher assigned to each class and not a series of substitutes or other temporary teachers. The teacher should have the proper credential to teach the class, including the certification required to teach English learners, if present.
Misassignment means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.
Teacher vacancy means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester.
4. A complaint form may be obtained at the school office or district office, or downloaded from the school or district web site. You may also download a copy of the California Department of Education complaint form from the following web site: http://www.cde.ca.gov/re/cp/uc. However, a complaint need not be filed using either the district's complaint form or the complaint form from the California Department of Education.