Report 2016-109 Recommendation 28 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 #28 To: Education, Department of
Education should revise UCP regulations to formally establish uniform time limits for filing all types of complaints.
Annual Follow-Up Agency Response From November 2020
Education commenced a rulemaking proceeding to revise the Title 5 UCP regulations. Final Title 5 UCP regulations were approved by the Office of Administrative Law and became effective July 1, 2020. The revised regulations appear at Title 5 of the California Code of Regulations, Chapter 5.1 (5 CCR), et seq.
- Completion Date: July 2020
California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented
Annual Follow-Up Agency Response From October 2019
Education commenced a rulemaking proceeding to revise the Title 5 UCP regulations prior to March 31, 2019. The proposed regulations were made available for public comment and a public hearing was held in May 2019. The proposed regulations are currently out for follow-up 15-day public comment. Final regulations are expected to be effective March 2020.
- Estimated Completion Date: March 2020
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From October 2018
Education will commence a rulemaking proceeding to revise the Title 5 UCP regulations by March 31, 2019. In accord with the budget bill, Education has commenced a stakeholder workgroup focused on the issues raised in Education's 2018 legislative report regarding the UCP process update. Further, Assembly Bill 1808, Section 23 (2018) requires Education to provide recommendations from the workgroup in its annual report to the legislature due January 31, 2019.
- Estimated Completion Date: March 31, 2019
California State Auditor's Assessment of Annual Follow-Up Status: Pending
1-Year Agency Response
Education continues to assess the feasibility of the recommendation. Education is finalizing the report to the Legislature, required by the 2017-18 State Budget Act, and will submit it in February 2018. The report will include plans to engage stakeholders to review potential legislative and regulatory changes.
- Estimated Completion Date: December 2018
- Response Date: February 2018
California State Auditor's Assessment of 1-Year Status: No Action Taken
6-Month Agency Response
Education continues to assess the feasibility of the action being requested in the recommendation and has no additional updates to provide at this time.
- Estimated Completion Date: December 2018
- Response Date: August 2017
California State Auditor's Assessment of 6-Month Status: No Action Taken
60-Day Agency Response
Education continues to assess the feasibility of the action being requested in the recommendation, including possible changes to existing regulations, which will require the State Board of Education's approval. Education will initiate discussions with the Legislature in regard to establishing consistency in statute.
- Estimated Completion Date: 12/31/2018
- Response Date: April 2017
California State Auditor's Assessment of 60-Day Status: No Action Taken
All Recommendations in 2016-109
Agency responses received are posted verbatim.