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This week we continue with our 2023 HAT Trick Resolution of holding the San Diego Unified School District (SDUSD) to FULL Honesty, Accountability, and  Transparency with the District Deeds HAT TRICK Handbook “Uniform Complaint” Chapter 10 – UC Sending/Followup Procedures and Final UC Points to Remember.

In Chapter 10 we provide keys to the final step of sending your Uniform Complaint (UC) and the followup after it has been sent. Also included is the California Department of Education (CDE) “Uniform Complaint Procedure Program Instrument” that provides you both the specific protocols the CDE requires of your UC and the SDUSD response to hold them accountable for reviewing and replying to your UC within CDE and Federal law.  That “instrument”  also provides you with the vehicle to evaluate the actual SDUSD process with your UC and gives you the grounds to appeal to the CDE after the expected denial (like always) by the untrustworthy SDUSD.

If you are just beginning to read this UC Handbook, you will want to review the following background and chapters of our UC Handbook initiative:

District Deeds HAT TRICK Handbook

UC Preface and Introduction

UC Chapter 1 – Documentation, Documentation, Documentation!

UC Chapter 2 – CDE Statute Of Limitations – #1 Reason for UCP Failure

UC Chapter 3 – The UC “FROM” Page – Break the SDUSD “Confidentiality” Myth!

UC Chapter 4(a) – UC Violation Checkbox Page – San Diego Unified Violation Items #1 – #7

UC Chapter 4(b) – UC Violation Checkbox Page – San Diego Unified Violation Items #8 – #14

UC Chapter 5: UC Violations Pandemic: Motivation for Filing Uniform Complaints!!!

UC Chapter 6: UC Question 2 – “Discrimination, harassment, intimidation and/or bullying” Definitions

UC Chapter 7(a) – UC Question 2 Violation Categories: Age – Ethnic Group Identification

UC Chapter 7(b) – UC Question 2 Violation Categories: Gender – National Origin

UC Chapter 7(c) – UC Question 2 Violation Categories: Sex/Actual – Religion

UC Chapter 7(d) – UC Question 2 Violation Category: “Association with a person or group with one or more of the actual or perceived characteristics listed”…The “Community Whistleblower” Category!!!

UC Chapter 8(a) – Page 2 “NATURE OF COMPLAINT” Question 1: Describe the reason for your complaint

UC Chapter 8(b) – Page 2 “NATURE OF COMPLAINT” Questions 2 – Desired Outcome, 3 – SDUSD Contacts and 4 – SDUSD Response

UC Chapter 9 – Component Checklists and UCP Examples

Along the way we will be providing “DD HINT“‘s and “DD Tip“‘s and DD Note‘s to highlight key information that Stakeholders should know when filing UC’s.

We also urge our readers to read our Disclaimer for ALL posts on this blog:

District Deeds Blog Disclaimer

Chapter 10 Quote:

“I know of no higher fortitude than stubborness in the face of overwhelming odds.” – Louis Nizer

DD NOTE:   The rights of SDUSD Stakeholders are nearing extinction and already come last behind the political and propaganda needs of the corrupt SDUSD senior leadership and its well financed legal and public relations departments.  It is critical that anyone filing a UC must realize that they have a long journey ahead to a just resolution that requires patience, bravery and fortitude. 

Chapter 7(d) Preface

District Deeds and astute SDUSD Stakeholders know that the LAST thing the corrupt and opaque SDUSD senior leadership wants is to be fully transparent and honest to empower SDUSD Stakeholders to gather EVIDENCE in holding them accountable for their misdeeds.  That same attitude is shared by the CDE to a large degree.

In other words, the antithesis of the 2023 HAT Trick Resolution.

DD NOTE: The UC Hat Trick Handbook is attempting to be comprehensive to meet the most challenging of UC’s in every category.  The other side of UC’s is that they can be extremely simple and used as evidence for FUTURE, more expansive UC’s.  In our examples provided in Chapter 9 we provided a complex and simple complaint so that you can scale your own UC to the scope of the SDUSD/CDE violation, be it large or small.

DD HINT:  There is no “requirement” to use the exact form provided by the SDUSD.  As you will see with the examples provided in Chapter 9, a simple email containing all the components we have been analyzing in this handbook can be capsulized in just a few paragraphs and sent via email to the following location provided by the Uniform Complaint Office on the SDUSD website:

Please note that the only stipulation, outside of the following “Statute of Limitations”, is that your complaint is provided “in writing“.  This means you can frame your UC in any way you see fit, using the SDUSD provided form or not.

We will be providing the specific 6 month and 1 year Statute of Limitations UC Categories later in this post.

DD TECH TIP – “POP OUT FEATURE“:  Some of the graphics and information posted has extremely small type and is difficult to read.  When you have difficulty reading or seeing one of these items, just click on that item and it will “pop out” in a larger version.  When you want to enlarge the document further, just click on that item again.  To go back to the District Deeds article, just use the back  arrrow ” Tab key”     in your screen header to navigate that action.

UC Sending/Followup Protocols

Here are the final five steps for the the initial sending and expected SDUSD denial followup protocols for your UC:

  1. Final review and approval of all narrative/evidence documents and signatures from all parties joining the UC.
  2. Verify that the mailing and/or email addresses of the SDUSD and CDE where you are filing the UC are accurate.
  3. Set the Stature of Limitations (SOL) clock at 60 days for the SDUSD required formal response from the day you send the complaint.
  4. Prepare for your next steps to file an appeal to the CDE anticipating that, no matter what evidence you provide, the SDUSD is going to deny/decline your UC.  Here is the CDE Link for filing UC Appeals: CDE Appeals Page

Here is the page for your review:

DD NOTE:   The last link on the above page provides an Appeal Assistance Form.  The disclaimer on that form says:  In other words, as you wait for a clarification on a CDE appeal, your 6 month SOL clock is STILL winding down preventing you to submit an amended complaint for the same incident.  If the clock runs out you are truly SOL.

5. Anticipating the improper denials by both the SDUSD and CDE, if possible, contact a lawyer that provides a free 1st consultation to explore your options before the predicted UC and/or CDE denial arrives.  The convoluted appeals process to the Federal Government against the SDUSD and the CDE will definitely require legal advice and probably require legal representation.

Final UC Points to Remember

Be Stubborn

Like the Quote of the Week says, it takes stubborness and fortitude to fight the multi-billion dollar SDUSD.  In filing a UC, even if the complaint is only regarding your own child, you are standing up for hundreds, maybe thousands, of other children and families that are experiencing their own version of SDUSD abuse.

Have Patience 

The SDUSD and CDE have all the time, money and corrupt employees to drag out a complaint as long as possible.  Their corrupt strategy is to drag it out long enough for you to get discouraged, lose patience and give up. If your compaint is serious enough to file it, it is important enough to hold them to a just resolution.

Deny ALL Requests for any type of “Concern Process” or “Response Extension” and by the SDUSD and/or CDE

The SDUSD and CDE have a HUGE amount of money and personnel to reply to your complaint well within 60 days each.  Make them do so by denying any and all extensions for more time.  They may just take more time than allowed and that just bolsters your case if you do not give them a way out.

Be Aware of the Statute of Limitation THROUGHOUT the UC Process and Avoid ALL SDUSD and CDE Delaying Tactics

There is either a 6 month or 1 year statute of limitations for your UC.  This means that if you allow the SDUSD or CDE to drag out the investigation, that 3 or 4 week delay to respond deletes your opportunity to amend and resend your UC by that same amout of time.

Remember, every step recommended by the SDUSD is designed to run out the Violations clock on the Statute of Limitations, especially the ridiculous SDUSD Quality Assurance/Legal Department “Concern Process” we posted in Chapter 2 – Preface and Introduction with the following graphic:

Here is a simple, six month timeline example of how the SOL can quickly eliminate your right to file a followup UC:

  1. January 2nd: A violation related to bullying, harassment, and discrimination caused by the SDUSD occurs
  2. February 15: After going through the 6 week SDUSD “Concern Process” you decide to create a UC.
  3. March 15: Through research and gathering of evidence you have completed your UC and submit it to the SDUSD.
  4. March 15 – May  15:  The SDUSD takes the allowed 60 days to review your complant and repond.
  5. May 16: You disagree with the SDUSD and decide to file an appeal with the CDE who has another 60 days to reply.
  6. July 1: Statute of Limitations on the incident expires.
  7. July 16: The State denies your appeal because of a technicality.

END RESULT: You cannot re-file your complaint to amend the errors because the Statute of Limitations has expired on July 2 for your Jan 2 incident.

You ARE SOL!!!

The CRITICAL timeline item to ALWAYS remember is taken from the California Rural Legal Assistance, Inc. website:

Complaints related to bullying, harassment, and discrimination must be filed within 6 months of the problem, and within 12 months for all other problems.

AVOIDING THE SOL

To combat that worst case result you MUST know the precise laws and standards governing the LEA/CDE UCP process.

The first place to start is the to understand the exact requirements of the SDUSD LEA by the CDE.  Here is the first page of the official CDE communication to the SDUSD and all California LEA’s titled “How to Have a Successful Uniform Complaint Procedures (UCP) Review“:

This “How to Have a Successful Uniform Complaint Procedures (UCP) Review” document explains ALL the components that will be reviewed by the CDE/Federal Government in an audit of an LEA UCP processes and procedures.  Violation of these standards by the SDUSD can be used to strengthen your UC.

The “”How To” document above references another key document called “UCP Instrument” 18 times.  Obviously this is an extremly important guideline for ALL SDUSD Stakeholders.  

Today we did a search on the SDUSD website for this “How to” document.  Here are the results:

Today we also did a search on the SDUSD website for “UCP Instrument” and here are our results:

That’s right…

Just the first page of this official CDE UCP Audit document mentions “UCP instrument” more than on the whole SDUSD website!!!

SDUSD UCP INSTRUMENT

To followup, here is the first page of the critical UCP Instrument document being hidden from ALL non-SDUSD employee Stakeholders titled : Uniform Complaint Procedure, 2021–22 Program Instrument, California Department of Education, May 2021

The best part of this document is that it spells out everything that the SDUSD MUST comply with when administering the UCP and that can be audited by the CDE and Federal Government.

Knowing and following the FULL process from both the complaintant and respondent perspective, from the individual stakeholder to the district to the state and to the federal government makes your advocacy for ALL SDUSD Stakeholder educational rights just that much more efficent, effective and successful.  District Deeds will be behind you on every step of your journey.  Please email us at districtdeeds@gmail.com with your UC issues and/or any questions, concerns or recommendations you may have regarding this handbook.

We are behind you 100%

Thank you for reading Chapter 10!

Next week in our UC Hat Trick Handbook Epilogue we will post some observations and conclusions regarding the current SDUSD/CDE UC process along with other pertinent information to assist your effort to stand up for ALL Students via your UC.

Be sure to pass this on to ALL your SDUSD Stakeholder friends and colleagues for ALL chapters.

And remember the 2023 resolution for ALL San Diego Unified School District Stakeholders especially for ALL SDUSD Employees…

The SDUSD HAT TRICK – HONESTY-ACCOUNTABILITY-TRANSPARENCY

Together we can Make This Better!!!

See you next week for our Epilogue!!!

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