[CAL TOG LETTERHEAD]

ACTION ALERT

STATE BOARD SEEKS TO ELIMINATE AND UNDERMINE
RIGHTS OF STUDENTS, PARENTS AND TEACHERS
TO PURSUE ADMINISTRATIVE COMPLAINTS

The State Board has proposed changing the Uniform Complaint Procedures to:

• Eliminate the right to file complaints about important equity issues, including a student’s lack of access to the core curriculum

• Eliminate the right to request direct intervention from the California Department of Education (CDE) for discrimination

• Eliminate the requirement that CDE offer mediation services

• Place new burdens on complainants, many of whom are low-income parents and students who cannot afford an attorney, to essentially conduct their own investigation, provide evidence and demonstrate how school district is factually or legally incorrect

• Eliminate the requirement that CDE perform meaningful and independent on-site investigations of complaints

• Allow CDE to delay investigation and resolution of complaints

Because the Title V Uniform Complaint Procedures must be amended per the Williams settlement in order to add certain items to the Uniform Complaint Process, the State Board has taken advantage of this opportunity to make far-reachisng and radical changes to the UCP that have nothing to do with Williams. To see the proposed regulations, go to the proposed rulemaking page at http://www.cde.ca.gov/re/lr/rr/index.asp and then find the Uniform Complaint Procedures at the bottom of the page. See also attached comparison chart and sample letter. The State Board is taking comments on these proposed regulations through and until Tuesday, January 4, 2005, the date of its public hearing on them. The State Board plans to vote to adopt these regulations at its regular meeting on January 13, 2005. Ask the State Board to postpone its vote and to vote no on all proposed changes that weaken or eliminate rights of individuals to file and pursue administrative complaints and appeals. Send comments to:

Debra Strain, Regulations Coordinator

California Department of Education

LEGAL DIVISION

1430 N Street, Room 5319

Sacramento, CA 95814

Email:

Telephone: (916) 319-0860

FAX: (916) 319-0155


Fax a copy of your comments to Californians Together at (562) 436-1822 so that we may deliver it to policymakers.