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Students to rally over lack of notices
Procedures not posted on how to complain of school conditions
It's been more than a month since notices about complaint procedures were supposed to be posted in every
few textbooks or too many mice. But many classrooms have yet to post the notices --
and that's annoying some of the million students who sued the state in 2000.
On Tuesday, many of those students will gather in five cities --
officials start providing the benefits they won in the recent settlement of their
landmark Williams vs.
"We're going to send a message to the state," said Hector Vega, 17, a junior
at
the right to complain to our schools for what we don't have, like good facilities
and books. It was said that by Jan. 1, it was supposed to be implemented,
but we're already in February. We need to really show them how important this is to us."
A spokesman for Gov. Arnold Schwarzenegger said it isn't the state's fault if
schools have not posted the complaint procedures.
"We believe we are in compliance," said H.D. Palmer of the Department of
Finance, which will make settlement payments of $138 million for more
textbooks in the lowest-scoring schools, $800 million for emergency repairs,
$25 million to study schools' health and safety needs, and $15 million for county
superintendents to inspect schools.
As for the complaint process, Palmer said the state Department of Education has
posted a sample notice at www.cde.ca.gov/eo/ce/wc/index.asp for schools to print out.
Schwarzenegger signed off on the settlement and its many components in September.
The Legislature enacted legislation to carry out the legal agreement.
Four years earlier, a
became the lead plaintiff on behalf of low-income students who said they suffered
substandard conditions compared to their middle-income counterparts in suburban schools.
Their suit, handled by the American Civil Liberties Union, Public Advocates and
the Morrison & Foerster law firm, demanded sufficient books, solid classrooms and clean conditions.
Under then-Gov. Gray
By contrast, Schwarzenegger made the settlement a priority.
Now, the complaint notices are the most visible symbols of the students' victory.
But it's impossible to know exactly how many schools have posted them. The
students who are planning the rallies say they believe more schools are out of compliance than in.
At
so frustrating," said Cynthia Artiga-Faupusa,
a Burton English teacher who taught Eliezer Williams at
windows prompted him to join in what became widely known as the "Williams case."
Artiga-Faupusa said the word about the Jan. 1 deadline for posting the notices never
reached teachers.
"The whole purpose of the suit was to deal with these things before that (crisis)
point," said the dismayed teacher.
But over at Jefferson High in
trouble producing a bright blue notice. He said they were up in every classroom.
Indeed, one of the 8 1/2-by-5 1/2-inch cards was posted in Lorie Stevens' classroom
alongside half a dozen other pages and notices. It reads:
"Notice to Parents/Guardians: Sufficient textbooks must be available to all students
so that they may complete both classroom and homework assignments.
School facilities must be clean, safe and in good repair as determined
by the Office of Public School Construction." The card said complaint
forms were available from the principal, district and state Education Department Web site.
But such notices were still lacking in most classrooms, said Vega, the
Lick High student from
group Californians for Justice, which is sponsoring Tuesday's rallies,
decided to test the complaint process -- even in the absence of notices.
On Jan. 7, Vega and other students wrote their principal and the
Santa Clara County Office of Education that students could
not sit beneath a gaping hole in the classroom ceiling when
it rained because water dripped down. To their surprise, the students got a
written response from the county within 10 days,
and the ceiling was fixed before the month was out.
"It tells us they're actually thinking about bettering the schools,
" Vega said. "We thought that since they're not (posting notices),
nothing would happen if we complained. But then it did."
Vega said the incident proves why it's important for students to rally
Tuesday and demand that notices be properly posted.
"There are thousands of schools in
of the students know they have that right."
The Bay Area rallies will be at
100 Paseo de
Williams Case
Latest information on the landmark Superior Court case to provide all
students equal access to instructional materials, safe schools, and quality teachers.
What's New:
Guidance for Charter Schools Letter - HTML | PDF (60 KB; 4 pp.)
Sample Notice to Parents and Guardians, Complaint Rights - HTML | PDF (15KB; 1p.)
Memorandum to County and District Superintendents - Williams Case (CA Dept of Education)
Williams Case: An explanation of what happened in the Williams case.
Beneficiaries of the Williams Case: Schools affected by Williams.
Sample Documents for the Williams Case: Language that may be used by governing
boards to certify compliance, and suggested resolution on sufficiency of instructional materials.
Complaint Procedure for the Williams Case: Process to help identify and resolve any deficiencies.
Frequently Asked Questions and Responses: Inquiries submitted by schools and answers to those inquiries.
Coming Soon in the Williams Case: Posting of anticipated information.
Date: To: County Superintendents From: JACK O'CONNELL Subject: Notice of settlement in Eliezer Williams, et al. v. State of
District Superintendents
State Superintendent of Public Instruction
On
settlement in Eliezer Williams, et al. v. State of
CDE make available information regarding the provisions of the settlement and the process
by which students on whose behalf the lawsuit was filed may file objections to the
settlement. In keeping with the court's order, four documents are included with this
memorandum. You will also find them posted and available
for downloading on CDE's Web site, http://www.cde.ca.gov/eo/ce/wc/index.asp.
The four documents are:
Notice of Class Action Settlement in the Williams v. State of California Education Lawsuit (English language version)
Notice of Class Action Settlement in the Williams v. State of California Education Lawsuit (Spanish language version)
Summary of Notice of Class Action Settlement in the Williams v. State of California Education Lawsuit (English language version)
Summary of Notice of Class Action Settlement in the Williams v. State of California Education Lawsuit (Spanish language version)
The court also directed CDE to request that your district or county office post either the
attached notices or the summaries in the main office of each of your schools.
As an alternative to this posting, you may distribute the notices or summaries
by any other means that you believe will reach your students.
In addition to this posting of the notices or summaries, CDE requests
that you publish the notice, or provide a link to the notice on CDE's Web site, if your county or district maintains a Web site.
Finally, CDE requests that you ask each school in your
district or county that maintains a Web site to provide
a link to the notices on the CDE Web site, or post the
toll-free telephone number to a voicemail information
line. That number is 1-877-532-2533.
The complete notice of settlement may also be obtained by calling
the toll-free voicemail information line.
Notice of Class Action Settlement
In the Williams v. State of California Education lawsuit.
This notice sets forth the basic terms of the Settlement Agreement reached in the
Williams v. State of California education lawsuit and
advises class members of their procedural rights relating to this settlement.
The class in this lawsuit has been defined as the following:
All students who are attending or will attend public elementary, middle or
secondary schools in California who suffer from one or more deprivations
of basic educational necessities. The specific deprivations are as follows:
A) a lack of instructional materials such that the student does
not have his or her own reasonably current textbook or educational
materials, in useable condition, in each core subject (1) to use in class
without sharing with another student; or (2) to use at home each evening for homework;
B) a lack of qualified teachers such that (1) the student attends a class
or classes for which no permanent teacher is assigned; or (2) the student
attends a school in which more than 20% of teachers do not have full,
non-emergency teaching credentials; or (3) the student is an English
Language Learner ("ELL") and is assigned a teacher who has not
been specially qualified by the State to teach ELL students;
C) inadequate, unsafe and unhealthful school facilities such that (1)
the student attends classes in one or more rooms in which the
temperature falls outside the 65-80 degrees Fahrenheit range;
or (2) the student attends classes in one or more rooms in which the
ambient or external noise levels regularly impede verbal communication
between students and teachers; or (3) there are insufficient numbers of
clean, stocked and functioning toilets and bathrooms; or (4) there are
unsanitary and unhealthful conditions, including the presence of vermin
, mildew or rotting organic material;
D) a lack of educational resources such that (1) the school offers academic
courses and extracurricular offerings in which the student cannot participate
without paying a fee or obtaining a fee waiver; or (2) the school does not
provide the student with access to research materials necessary to satisfy
course instruction, such as a library or the Internet; or
E) overcrowded schools such that (1) the student is subject to a year-round
, multi-track schedule that provides for fewer days of annual instruction than
schools on a traditional calendar provide; or (2) the student is bused excessive
distances from his or her neighborhood school; or (3) the student attends classes
in one or more rooms that are so overcrowded that there are insufficient seats
for each enrolled student to have his or her own seat or where the average square
footage per student is less than 25 square feet.
This class action lawsuit was brought against the State of
California Department of Education, the California Board of Education, and the
California Superintendent of Public Instruction in 2000 alleging that a substantial
number of students attended substandard schools that lacked basic educational
necessities: adequate instructional materials, trained teachers, and classrooms
in good repair. Plaintiffs alleged that evidence of such substandard learning
conditions at some schools demonstrated that the State was not fulfilling its
duty under Butt v. State of California, 4 Cal. 4th 668 (1992), to ensure that students
have fundamentally equal learning opportunities. Detailed information regarding this case
, including the plaintiffs' complaint, court papers, and media coverage may be found
on the plaintiffs' Web site at www.decentschools.org (Outside Source).
Terms of the Settlement Agreement
After many years of intense litigation, the parties in the case reached a Settlement
Agreement on
San Francisco Superior Court Judge Peter J. Busch granted preliminary
approval of the Settlement Agreement and subsequently approved this
Notice. A complete copy of plaintiffs' Notice of Settlement attaching the
parties' complete Settlement Agreement may be downloaded at www.decentschools.org/settlement.php
(Outside Source) or members of the class or their parents or guardians
can obtain copies by mail by calling the toll-free number, 1-877-532-2533.
The parties' Settlement Agreement provides for a package of legislative proposals
to ensure that all students will have books in specified subjects and that their schools
will be clean and in safe condition. It takes steps toward assuring they have qualified
teachers. The legislative proposals include measures to confirm that schools are
delivering these fundamental elements to students, and provide very substantial funding
for these purposes: a program to make available up to $800 million over a period of years
for repairs of emergent facilities conditions in the lowest performing schools
(those ranked in the bottom 3 deciles under the statewide Academic Performance
Index [API]); $138 million for new instructional materials for students attending schools
in the bottom two API deciles, in addition to the funding for instructional materials to all
schools; and additional funding to conduct an assessment of facilities conditions,
supplement the County Superintendents' capacity to oversee low performing schools,
fund emergency repairs in those schools and cover other costs of implementation. The
legislative proposals also include extending funding of approximately $200 million for the
High Priority Schools Grant Program (HPSGP) and by appropriating savings achieved as
low performing schools are phased out of the program to new grants for eligible schools.
On
proposals set forth in the parties' Settlement Agreement. See
Office of the Governor, Governor Schwarzenegger Signs Landmark Education Reforms Into
Law (This press release is available for downloading at www.decentschools.org (Outside Source)
or members of the class or their parents or guardians can obtain a copy by mail by calling the
toll-free number 1-877-532-2533). These new education laws include: SB 550 & AB 2727
(establishing minimum standards regarding school facilities, teacher quality, and instructional
materials and an accountability system to enforce these standards); AB 1550
(phasing out the use of the multi-track, year-round school calendar with a shortened
school year, known as Concept 6, by July 1, 2012 and setting benchmarks for districts
to reach this goal); AB 3001 (encouraging placement of qualified teachers in low
performing schools; enhancing an existing oversight mechanism to ensure that
teachers are qualified to teach the subject matter to which they have been assigned
and to ensure that teachers of English Learners are properly trained; and streamlining
the process for highly qualified teachers from out-of-state to teach in California schools);
and SB 6 (providing up to $800 million beginning in the 2005-06 fiscal year for districts to
address emergent facility repair projects and approximately $25 million in 2004-05 to
assess the condition of schools in the bottom three deciles.) Id . These laws are available
for downloading at www.decentschools.org (Outside Source), or members of the class or their
parents or guardians can obtain copies by mail by calling the toll-free number, 1-877-532-2533.
The new legislation seeks to accomplish the following:
Provide financial assistance to repair low performing schools through a new
$800 million School Facilities Emergency Repairs Account;
Create a School Facilities Needs Assessment program;
Create standards for instructional materials and facilities and require the Concept
6 school calendar to be eliminated no later than 2012;
Post instructional materials and facilities standards in all classrooms;
Collect data on compliance with these standards and teacher requirements;
Verify this data;
Require a uniform complaint process in every district for complaints on inadequate
instructional materials, teacher vacancies and misassignments, and emergency facilities problems;
Intervene in decile 1-3 schools if the instructional materials and facilities standards are
not met, and in districts having difficulty attracting, retaining or properly assigning teachers;
Improve the teacher supply by streamlining requirements for out-of-state credentialed
teachers to earn
Require each district to implement a facilities inspection system; and
Include new schools in the High Priority Schools Grant Program when current schools are phased out.
Covenant Not To Sue
In consideration of the settlement, members of the plaintiff class will be bound by a covenant not
to sue the defendants on the claims pursued in the Williams case for a period of four years from
the date the Court approves this Agreement, subject to certain exceptions. The full Covenant Not
To Sue, including the provisions as to exceptions, can be obtained from www.decentschools.org
(Outside Source), or by calling the toll-free number, 1-877-532-2533.
Attorneys' Fees Provision
With respect to attorneys' fees, the State of California and plaintiffs have agreed that "plaintiffs'
counsel will be entitled to recover reasonable attorneys' fees and costs from the State in an
amount to be agreed between plaintiffs' counsel and the State, or, if not agreed after consultation,
to be determined by the Court. After dismissal of the action in other respects, the Court will retain
jurisdiction to make that determination, if necessary." See Provision As to Claims for Attorneys'
Fees (This provision is available for downloading at www.decentschools.org [Outside Source] or
members of the class or their parents or guardians can obtain copies by mail by calling the toll-free
number, 1-877-532-2533). The parties' Settlement Implementation Agreement does not include
a provision awarding a specific amount of attorneys' fees or costs to plaintiffs' counsel.
The parties have had initial discussions regarding fees and costs but have not yet reached
agreement. Additional procedural issues are addressed in the parties' Settlement Implementation
Agreement, which can be obtained from www.decentschools.org (Outside Source)
or by calling the toll-free number, 1-877-532-2533.
Final Approval Hearing and Objection Procedure
The hearing for final approval of the settlement has been scheduled for
object to the parties' Settlement Agreement should file written objections stating their names,
addresses, contact telephone numbers (and e-mail address if applicable) indicating the basis
for their objection to the settlement with the Court no later than February 15, 2005 by mailing
objections to the Judge at the Court's address above and a copy to the following address:
The Williams Education Case, Morrison & Foerster, 425 Market Street, San Francisco, California 94105-2482.
Uniform Complaint Procedures
The responsibilities of the complainant, the local educational agency, and the
California Department of Education according to
What is a complaint?
A complaint is a written and signed statement alleging a violation of a federal or
state law or regulation, which may include an allegation of unlawful discrimination
. A complaint must be filed by way of the Uniform Complaint Procedures (UCP) as
written in the California Code of Regulations, Title 5, Sections 4600-4671. 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 Education, Child Development,
Consolidated Categorical Programs, Indian Education, Migrant Education, Nutrition Education,
and Special Education.
Not all complaints fall under the scope of the UCP. Many concerns are the
responsibilities of the local agencies, including, hiring and evaluation of staff,
classroom assignments, student advancement and retention, selection/provision
of textbooks and materials, student discipline, provision of core curricula subjects,
facilities, graduation requirements, homework policies and practices, use of general
education funds and dress codes and school uniforms.
The following documents describe the process in filing a complaint. Topics include
referring complaint issues, local educational agency responsibilities, district policies and
procedures, filing a local complaint, time lines, appealing local agency decisions,
department resolution procedures, the on-site investigation process, and CDE's
investigation procedures and investigation report.
These procedures are available in English and in Spanish.
Uniform Complaint Procedures (English) (PDF; 56Kb; 2pp.;
Authorized by California Code of Regulations , Title 5, sections 4600-4671
Proceso Uniforme de Quejas (Espanól) (PDF; 67KB; 2pp.;
Autorizado por : El Código de Reglamentos de
Power Point Presentation on Uniform Complaint Procedures (English) (PPT; 336KB;
35pp.; 04-March-2004)
Here is a sample workshop originally presented at the Coordinated Compliance Review
Institute for districts scheduled for a CCR review. This Power Point presentation provides
district staff with information that helps to assure that their district is in compliance with UCP requirements.
YOU WILL NEED PDF PROGRAM ON YOUR PC TO TO SEE THE UNIFORM COMPLAINT PROCEDURES
PDF PROGRAM LINK HERE http://www.adobe.com/
DAVID AARON GARCIA BIG 8 AT IT'S BEST NEWS WE ARE HERE FOR YOU © 2005
