April 22, 2024
Lisa Allen, Interim Superintendent
Sacramento City Unified School District
5735 47
th
Avenue
Sacramento, CA 95824
Re: Notification of Continued Noncompliance by Sacramento City Unified School District and
Enforcement of Corrective Actions
Dear Interim Superintendent Allen:
This letter is to inform you that the California Department of Education (CDE) has concerns
about the provision of support and services for students with disabilities as required under the
Individuals with Disabilities Education Act (IDEA).
Federal and state law require that the CDE, as the state educational agency, enforce local
education agency (LEA) compliance with the laws that guarantee children with disabilities a free
appropriate public education (FAPE) (Title 20, United States Code Section 1412[a][11]; Title 34,
Code of Federal Regulation (CFR) Section 300.600; California Education Code (EC) Section
56000).
Thus, among other provisions, 34 CFR section 300.600 provides that the State must:
• Monitor the implementation IDEA;
• Make determinations annually about the performance of each LEA using the categories
in § 300.603(b)(1); and
• Enforce this part, consistent with § 300.604, using appropriate enforcement mechanisms,
which may include, if applicable, the enforcement mechanisms identified in §
300.604(a)(1) (technical assistance), (a)(2) (directing the use of funds on the area or
areas in which the LEA needs assistance), and/or (a)(3) (identifying the LEA as a high-
risk grantee and imposing special conditions on the LEA’s grant under Part B of the Act).
For a sustained period of time, and across a range of adverse determinations in which the
Sacramento City Unified School District (SCUSD) has been found out of compliance with federal
and state special education laws and regulation, the SCUSD has failed to meet the CDE
Compliance and Improvement Monitoring (CIM) requirements associated with such findings.
April 22, 2024
Page 2
By way of illustration and not limitation, the SCUSD has not submitted sufficient monitoring items
and evidence of corrective actions in a timely manner regarding the following overdue items:
• 2023 CIM for Comprehensive Coordinated Early Intervening Services (CCEIS)
Abbreviated Action Plan, which was due to the CDE on September 30, 2023
• 2022 CCEIS Quarterly Progress and Expenditure Report 2, which was due to the CDE on
April 10, 2023
• 2022 CCEIS Quarterly Progress and Expenditure Report 3, which was due to the CDE on
July 10, 2023
• 2022 CCEIS Quarterly Progress and Expenditure Report 4, which was due to the CDE on
October 10, 2023
• 2022 CCEIS Quarterly Progress and Expenditure Report 5, which was due to the CDE on
January 10, 2024
• 2022 CCEIS Amended Budget, which was due to the CDE on March 28, 2024
• 2022 Smalls Unit Compliance Self Review Test Items 3-5-8, 5-1-5, 3-2-3, 3-2-5, and 4-1-
5, in which sufficient evidence was due to the CDE on December 1, 2023
• Complaint Corrective Action Case Number 0297-20/21, in which sufficient evidence was
due to the CDE on July 30, 2021
• Complaint Corrective Action Case Number 0401-20/21, in which sufficient evidence was
due to the CDE on July 30, 2021
• Complaint Corrective Action Case Number 0426-23/24, in which sufficient evidence was
due to the CDE on January 29, 2024
Through its CIM process, the CDE has engaged in longstanding and sustained efforts to secure
the SCUSD’s compliance with corrective actions as set forth above. These efforts include 40
documented emails requesting required documentation and reminding the deadline, and 22
direct phone calls or meetings to get the LEA to complete the requests. The CDE has also sent
formal letters of noncompliance to the superintendent indicating that SCUSD is failing to comply
with requirements under IDEA on April 19, 2021; May 20, 2021; August 11, 2021; November 1,
2021; March 18, 2022; June 30, 2022; July 5, 2022; June 6, 2023; December 12, 2023; and
February 13, 2024. Unfortunately, to date, the SCUSD has failed to respond in a satisfactory
manner to such efforts.
This correspondence constitutes notice that the CDE, pursuant to 34 CFR 300.604(a)(3), has
now identified the SCUSD as a high-risk grantee of apportionment of 2023—24 and 2024—25
funds under the IDEA, Part B.
As provided under 34 CFR 603(a)(3), the CDE intends to impose special conditions on the use
of the SCSD’s apportionment of Part B funds by directing a portion of such funds to be utilized
by the SCUSD to engage the services of a Technical Assistance Facilitator (who shall be
appointed by the CDE) who will collaborate with the SCUSD to secure prompt and
comprehensive compliance with the corrective actions. Be advised that should this intervention
prove inadequate to secure the requisite compliance, the CDE reserves the authority to impose
April 22, 2024
Page 3
such additional interventions and/or take such other remedial actions as are provided by federal
and state law and regulations. (See Title 5, California Code of Regulations (CCR) §§ 3502).
In addition, in connection with identifying and establishing the details of the above-described
compliance facilitation, the CDE is requesting the SCUSD’s Interim Superintendent, Assistant
Superintendent/Special Education Director, and the Special Education Local Plan Area Director
meet with their support providers on or before June 17, 2024 to review these requirements and
develop a prioritization to complete these outstanding items (listed in this letter) and address
these ongoing concerns. The CDE-identified Technical Assistance Coordinator referenced
above will be at the meeting and assist in prioritizing the tasks and implementing the
improvement work.
Finally, upon receipt of this notice, we ask that the SCUSD governing board agendize this
matter at its next board meeting to address the issue of noncompliance, as contemplated
by Education Code section 56045(c). Please give us the date of the SCUSD Board meeting
when this matter will be heard within the next 30 days.
If you have any questions or concerns, please reach out to me via email at
Sincerely,
Dr. Rachel Heenan, Director
Special Education Division
RH:jb
cc:
Krystal Thomas, Assistant Superintendent of Special Education, Innovation, and Learning,
Sacramento City Unified School District
Geovanni Linares, Director, Sacramento City Unified Special Education Local Plan Area
Mary Nicely, Chief Deputy Superintendent, California Department of Education
Sarah Neville-Morgan, Deputy Superintendent, Teaching and Learning Support Branch,
California Department of Education
Shiyloh Duncan-Becerril, Associate Director of Monitoring, Special Education Division,
California Department of Education
Jack Brimhall, Education Administrator I, California Department of Education
Rachel
Heenan
Digitally signed by Rachel
Heenan
Date: 2024.04.22 14:30:39
-07'00'
