Bill Text: CA SB1421 | 2023-2024 | Regular Session | Amended

California Senate Bill 1421

Bill Title: Educational equity: Uniform Complaint Procedures: Office of Civil Rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB1421 Detail]

Download: California-2023-SB1421-Amended.html

Amended IN Senate April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1421

Introduced by Senator Stern

February 16, 2024

An act to amend Section 33315 of, and to add Article 5.8 (commencing with Section 234.8) to Chapter 2 of Part 1 of Division 1 of Title 1 of, the Education Code, relating to educational equity.

LEGISLATIVE COUNSEL'S DIGEST

SB 1421, as amended, Stern. Educational equity: Uniform Complaint Procedures: Office of Civil Rights.

Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs, and requires the State Department of Education to review those regulations pertaining to uniform complaint procedures for specified types of complaints, including those that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group, as provided. Existing law requires the department to, on or before March 31, 2019, commence rulemaking proceedings to revise those regulations, as necessary, to conform to specified provisions.

This bill would require the department to establish the Office of Civil Rights within the department to (1) receive and investigate these complaints reported pursuant to the uniform complaint procedures that allege unlawful discrimination, harassment, intimidation, or bullying, as specified, (2) assume the department’s duties as it pertains to these complaints, as provided, (3) develop procedures to optimize complaint reporting and response, (4) report to the department on the frequency of incidents of unlawful discrimination, harassment, intimidation, and bullying at school districts, county offices of education, and charter schools, (5) advise the department on the office’s investigations, and (6) provide other recommendations to the department, as specified. The bill would also require this office to receive and investigate complaints relating to access to a high-quality education, instruction, instructional materials, and other matters as determined independently by the department or the State Board of Education.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) In 2022, hate crimes in California increased by 20 percent.

(b) The alarming rise in hate incidents continued into 2023, with recent spikes in anti-Semitic and Islamophobic incidents.

(c) In just the first six months of the state’s new California vs Hate hotline support services, over 500 hate incidents were reported.

(d) The problem is acute in California schools, which need to be equipped to deal with incidents of unlawful discrimination, harassment, intimidation, and bullying in an appropriate and timely manner so that students feel safe and protected.

(e) Currently, complaints may be reported pursuant to the Uniform Complaint Procedures (UCP).

(f) A UCP complaint is a written and signed statement that alleges a violation of federal or state laws, which may include an allegation of unlawful discrimination, harassment, intimidation, or bullying.

(g) However, the State Department of Education is overburdened with complaints filed under the UCP and, due to existing procedures, complaints cannot be immediately investigated.

(h) The State Department of Education does not have adequate resources to investigate, respond to, or follow up on UCP complaints of unlawful discrimination, harassment, intimidation, or bullying in a timely matter.

(i) Pupils need to feel that they will be safe and defended from hate.

SEC. 2.

Article 5.8 (commencing with Section 234.8) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:

Article 5.8. Office of Civil Rights

234.8.

(a) For purposes of this article, the following definitions apply:

(1) “Local educational agency” has the same meaning as in Section 4600 of Title 5 of the California Code of Regulations.

(2) “Report” means a complaint described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 33315, including a complaint that alleges homophobia, transphobia, anti-Semitism, or Islamophobia, made pursuant to the uniform complaint procedures established pursuant to Section 33315.

(b) The department shall establish the Office of Civil Rights within the department for purposes of receiving and investigating reports and carrying out the duties described in subdivision (c).

(1) Assuming the department’s duties described in paragraphs (4) and (5) of subdivision (a) of Section 33315, as it pertains to reports, to the extent determined by the department.

(2) Developing procedures to optimize reporting and response.

(3) Providing a written account to the department on the frequency of incidents of unlawful discrimination, harassment, intimidation, or bullying, including homophobia, transphobia, anti-Semitism, and Islamophobia, at local educational agencies.

(4) Advising the department on the office’s investigations pursuant to this article.

(5) Providing other recommendations to the department, including follow-up actions that may be taken in response to a report.

(d) The office shall receive and investigate complaints relating to access to a high-quality education, instruction, instructional materials, and other matters as determined independently by the department or the state board.

SEC. 3.

Section 33315 of the Education Code is amended to read:

33315.

(a) The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following:

(1) The Uniform Complaint Procedures shall apply to all of the following:

(A) Adult education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive.

(B) Consolidated categorical aid programs as listed in subdivision (a) of Section 64000.

(D) Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive.

(E) Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive.

(F) The filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, 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 Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.

(G) Lactation accommodations pursuant to Section 222.

(H) Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements for foster youth, homeless youth, and other youth pursuant to Section 51225.1.

(I) Pupil fees pursuant to Sections 49010 to 49013, inclusive.

(J) Courses of study pursuant to Section 51228.3.

(K) Instructional minutes for physical education pursuant to Section 51223.

(L) Local control and accountability plans pursuant to Section 52075.

(M) Juvenile court schools pursuant to Section 48645.7.

(N) School safety plans pursuant to Section 32289.

(O) Deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 8212.

(P) Any other state or federal educational program the Superintendent deems appropriate.

(2) As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the California Code of Regulations.

(3) The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the department’s internet website.

(4) Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the department’s receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant.

(5) Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant.

(6) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement.

(7) Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.

(b) The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.

(c) This section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations.

(d) Notwithstanding paragraphs (4) and (5) of subdivision (a), as it pertains to complaints described in subparagraph (F) of paragraph (1) of subdivision (a), the Office of Civil Rights established pursuant to Article 5.8 (commencing with Section 234.8) of Chapter 2 of Part 1 of Division 1 of Title 1 shall assume the department’s duties described in paragraphs (4) and (5) of subdivision (a), to the extent determined by the department.

(e) For purposes of this section, “local educational agency” has the same meaning as in Section 4600 of Title 5 of the California Code of Regulations.