Cleare

BACKGROUND

Williams and the Ensuing Litigation In 2004, the State settled a class action lawsuit filed by the American Civil Liberties Union on behalf of lead plaintiff Eliezee Williams: Williams v. State of California (2003) Cal.Super.LEXIS 1063. The settlement provided for many things. As relevant here, parents or teachers were allowed to raise via a written complaint procedure the subject of “teacher vacancy or misassignment.” This procedure was codified into Education Code section 35186, and is colloquially known as a “Williams complaint.” (See Mahoney, The Williams Complaint and the Role of the Learning Environment In Education Adequacy: “You Count; Do Well” (2021) 62 B.C. L.Rev. 659, 679– 680.) Every school district was directed to have a “complaint form” in accordance with enabling regulations “to help identify and resolve any deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment.” (Ed. Code, § 35186, subds. (a), (h); Cal. Code Regs., tit. 5, §§ 4680, 4682.) The District promulgated a “Complaint Form” explaining the “Williams Uniform…