reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 2 - Purpose and Scope › Section 4611 - Referring Complaint Issues to Other Appropriate State or Federal Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following complaints shall be referred to the
						specified agencies for appropriate resolution and are not subject to the local
						and CDE complaint procedures set forth in this chapter unless these procedures
						are made applicable by separate interagency agreements:
(a) Allegations of child abuse shall be
					 referred to the applicable County Department of Social Services (DSS),
					 Protective Services Division or appropriate law enforcement agency.
(b) Health and safety complaints regarding
					 licensed facilities operating a Child Development Program shall be referred to
					 DSS.
(c) Employment discrimination
					 complaints shall be sent to the Civil Rights Department (CRD). The complainant
					 shall be notified in writing in a timely manner of any CRD
					 transferral.
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Amendment of subsection (a) and NOTE filed 4-27-92 as an emergency; operative
						4-27-92 (Register 92, No. 18). A Certificate of Compliance must be transmitted
						to OAL 8-25-92 or emergency language will be repealed by operation of law on
						the following day.
3. Certificate of Compliance as to 4-27-92 order
						transmitted to OAL 10-15-92 and filed 10-28-92 (Register 92, No.
						44).
4. Change without regulatory effect amending subsection (c),
						adopting new subsection (d) and relettering subsections filed 12-16-93 pursuant
						to title 1, section
						100, California Code of Regulations
						(Register 93, No. 51).
5. Amendment of section and NOTE filed
						12-29-2005; operative 12-29-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 52).
6. Amendment of first paragraph,
						subsections (a) and (d) and NOTE filed 9-17-2013; operative 1-1-2014 (Register
						2013, No. 38).
7. Amendment of section and NOTE filed 5-21-2020;
						operative 7-1-2020 (Register 2020, No. 21).
8. Change without
						regulatory effect amending subsection (c) filed 8-17-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 33).
Note: Authority cited: Sections
						  221.1,
						  33031 and
						  33315,
						  Education Code. Reference: Sections
						  200,
						  220 and
						  48987,
						  Education Code; Sections
						  11135,
						  11136 and
						  12960,
						  Government Code; Section
						  11166, Penal
						  Code; and 34 C.F.R. Sections
						  106.1-106.8.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 3 - Local Educational Agency (LEA) Compliance › Section 4620 - LEA Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each LEA shall have the primary responsibility to ensure
						compliance with applicable state and federal laws and regulations. Each LEA
						shall investigate complaints alleging failure to comply with applicable state
						and federal laws and regulations and/or alleging discrimination, harassment,
						intimidation or bullying and seek to resolve those complaints in accordance
						with the procedures set out in this chapter and in accordance with the policies
						and procedures of the governing board or authorized designee.
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Amendment of article 3 heading and amendment of section and NOTE filed
						12-29-2005; operative 12-29-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 52).
3. Amendment of article heading, section
						heading, section and NOTE filed 9-17-2013; operative 1-1-2014 (Register 2013,
						No. 38).
4. Amendment of section and NOTE filed 5-21-2020; operative
						7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Sections
						  221.1,
						  33031,
						  33315 and
						  35161,
						  Education Code. Reference: Sections
						  200,
						  220,
						  234.1 and
						  260,
						  Education Code; Section
						  11135,
						  Government Code; and 34
						  C.F.R. Section
						  106.8.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 3 - Local Educational Agency (LEA) Compliance › Section 4621 - District Policies and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each LEA shall adopt policies and
					 procedures consistent with sections
					 4600 through
					 4694 of this chapter for the
					 investigation and resolution of complaints. Local policies shall ensure that
					 complainants are protected from retaliation and that the identity of a
					 complainant alleging discrimination, harassment, intimidation or bullying
					 remain confidential as appropriate. School districts, County Offices of
					 Education, and direct-funded charter schools shall submit their policies and
					 procedures to the local governing board or authorized designee for
					 adoption.
(b) Each LEA shall
					 include in its policies and procedures the person(s), employee(s) or agency
					 position(s) or unit(s) responsible for receiving complaints, investigating
					 complaints and ensuring LEA compliance. The LEA's policies shall ensure that
					 the person(s), employee(s), position(s) or unit(s) responsible for compliance
					 and/or investigations shall be knowledgeable about the laws/programs that
					 he/she is assigned to investigate.
(c) The LEA may provide a complaint form for
					 persons wishing to file a complaint to fill out and file. However, a person is
					 not required to use the complaint form furnished by the LEA in order to file a
					 complaint.
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Amendment of section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant
						to Government Code section
						11343.4
						(Register 2005, No. 52).
3. Amendment of section and NOTE filed
						9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
4. Amendment
						of section and NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
5. Change without regulatory effect amending subsection (a)
						filed 8-12-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2020, No. 33).
Note: Authority cited: Sections
						  221.1,
						  33031,
						  33315 and
						  35161,
						  Education Code. Reference: Sections
						  200,
						  220,
						  234.1 and
						  260,
						  Education Code; Section
						  11135,
						  Government Code; and 34
						  C.F.R. Sections 106.8 and
						  299.10-299.11.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 3 - Local Educational Agency (LEA) Compliance › Section 4622 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each LEA shall
					 annually notify in writing, as applicable, its students, employees, parents or
					 guardians of its students, the district advisory committees, school advisory
					 committees, appropriate private school officials or representatives, and other
					 interested parties of their LEA complaint procedures and the provisions of this
					 chapter. The notice may be made available on the LEA's website.
(b) The notice shall:
(1) Include the title of the position whose
					 occupant is responsible for processing complaints, and the identity(ies) of the
					 person(s) currently occupying that position, if known;
(2) Advise of the opportunity to appeal the
					 LEA Investigation Report to the CDE, except when the LEA has used its local
					 uniform complaint procedures to address a complaint not described in section
					 4610(b);
(3) Advise the recipient of any civil law
					 remedies that may also be available under state or federal discrimination,
					 harassment, intimidation or bullying laws, if applicable, and of the appeal
					 pursuant to Education Code section
					 262.3;
(4) Include the information required by
					 Education Code section
					 33315(a)(7);
					 and
(5) Include information
					 regarding the requirements of Education Code sections
					 49010
					 through
					 49013
					 relating to pupil fees.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 4 - Local Complaint Procedures › Section 4630 - Filing a Local Complaint; Procedures, Time Lines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Complaints shall be filed not later than
					 one year from the date the alleged violation occurred, except as stated in
					 subdivision (b) below. For complaints relating to Local Control and
					 Accountability Plans (LCAP), the date of the alleged violation is the date when
					 the reviewing authority approves the LCAP or annual update that was adopted by
					 the LEA.
(b) An investigation of
					 alleged unlawful discrimination, harassment, intimidation or bullying shall be
					 initiated by filing a complaint not later than six months from the date the
					 alleged discrimination, harassment, intimidation or bullying occurred, or the
					 date the complainant first obtained knowledge of the facts of the alleged
					 discrimination, harassment, intimidation or bullying unless the time for filing
					 is extended by the district or county superintendent or charter school
					 administrator or similarly authorized charter school individual, or that
					 person's designee, upon written request by the complainant setting forth the
					 reasons for the extension. Such extension by the district or county
					 superintendent or charter school administrator or similarly authorized charter
					 school individual, or that person's designee shall be made in writing. The
					 period for filing may be extended by the district or county superintendent or
					 charter school administrator or similarly authorized charter school individual,
					 or that person's designee for good cause for a period not to exceed 90 days
					 following the expiration of the six-month time period. The district or county
					 superintendent or charter school administrator or similarly authorized charter
					 school individual, or that person's designee shall respond immediately upon a
					 receipt of a request for extension.
(c) A complaint of alleged unlawful
					 discrimination, harassment, intimidation or bullying may be filed by an
					 individual who alleges that that individual has personally suffered unlawful
					 discrimination, harassment, intimidation or bullying, or by one who believes
					 any specific class of individuals has been subjected to discrimination,
					 harassment, intimidation or bullying prohibited by this part, or by a duly
					 authorized representative who alleges that an individual student has been
					 subjected to discrimination, harassment, intimidation, or bullying.
(1) The complaint shall be filed with the LEA
					 in accordance with the complaint procedures of the LEA.
(2) An investigation of a discrimination,
					 harassment, intimidation or bullying complaint shall be conducted in a manner
					 that protects confidentiality of the parties and maintains the integrity of the
					 process.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 4 - Local Complaint Procedures › Section 4630.5 - Foster Youth Local Complaint Time Line

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding section
					 4630, subdivision (a), the one-year
					 time line shall not apply to complaints regarding the educational rights of
					 foster youth as specified in Education Code sections
					 48853.5(f)(1)-(9),
					 49069.5(d)-(e),
					 51225.1(a)-(k)
					 and
					 51225.2(b)-(e).
(b) For purposes of this section, "foster
					 youth" shall have the same definition as "foster child" found in Education Code
					 section
					 48853.5(a)
					 and "school of origin" shall have the same definition as "school of origin"
					 found in Education Code section
					 48853.5(g).
1. New
						section filed 1-22-2021 as an emergency; operative 1-22-2021. Emergency
						expiration extended 60 days (Executive Order N-40-20) plus an additional 60
						days (Executive Order N-71-20) (Register 2021, No. 4). A Certificate of
						Compliance must be transmitted to OAL by 11-19-2021 or emergency language will
						be repealed by operation of law on the following day.
2. Certificate
						of Compliance as to 1-22-2021 order, including amendment of section,
						transmitted to OAL 8-10-2021 and filed 9-22-2021; amendments effective
						9-22-2021 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2021, No. 39).
Note: Authority cited: Sections
						  33315 and
						  51225.2,
						  Education Code. Reference: Sections
						  48853.5,
						  49069.5. 51225.1 and 51225.2,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 4.5 - Appeal of LEA Investigation Report › Section 4632 - Appeal of LEA Investigation Report-Grounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The complainant may appeal an LEA
					 Investigation Report for a complaint described in section
					 4610(b) to the CDE
					 by filing a written appeal within 30 days of the date of the LEA Investigation
					 Report.
(b) In order to request an
					 appeal, the complainant must specify and explain the basis for the appeal,
					 including at least one of the following:
(1)
					 The LEA failed to follow its complaint procedures, and/or
(2) Relative to the allegations of the
					 complaint, the LEA Investigation Report lacks material findings of fact
					 necessary to reach a conclusion of law, and/or
(3) The material findings of fact in the LEA
					 Investigation Report are not supported by substantial evidence,
					 and/or
(4) The legal conclusion in
					 the LEA Investigation Report is inconsistent with the law, and/or
(5) In a case in which the LEA found
					 noncompliance, the corrective actions fail to provide a proper
					 remedy.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 4.5 - Appeal of LEA Investigation Report › Section 4633 - Appeal of LEA Investigation Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the LEA Investigation Report is
					 appealed and meets the requirements of section
					 4632, subdivisions (a) through (c),
					 the CDE shall notify the LEA of the appeal. Upon notification by the CDE that
					 the LEA Investigation Report has been appealed, the LEA shall forward the
					 following to the CDE within 10 days of the date of notification:
(1) A copy of the original
					 complaint;
(2) A copy of the LEA
					 Investigation Report;
(3) A copy of
					 the investigation file, including but not limited to, all notes, interviews and
					 documents submitted by the parties or gathered by the investigator;
(4) A report of any action taken to resolve
					 the complaint;
(5) A copy of the
					 LEA complaint procedures; and
(6)
					 Such other relevant information as the CDE may request. An LEA's failure to
					 provide a timely and complete response may result in the CDE ruling on the
					 appeal without considering information from the LEA.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 4.5 - Appeal of LEA Investigation Report › Section 4635 - Reconsideration of the CDE's Appeal Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days of the date of the CDE's
					 appeal Decision pursuant to section
					 4633(f)(2) or (3),
					 either party may request reconsideration by the Superintendent or the
					 Superintendent's designee. The request for reconsideration shall specify and
					 explain the reason(s) for contesting the findings of fact, conclusions of law,
					 or corrective actions in the appeal Decision.
(b) In evaluating or deciding on a request
					 for reconsideration, the Superintendent will not consider any information not
					 previously submitted to the CDE by a party during the appeal unless such
					 information was unknown to the party at the time of the appeal and, with due
					 diligence, could not have become known to the party.
(c) Within 60 days of the receipt of the
					 request for reconsideration, the Superintendent or the Superintendent's
					 designee shall respond in writing to the parties. Such response may include a
					 denial of the request for reconsideration, or modifications to the CDE appeal
					 Decision necessary to ensure factual and legal accuracy. Pending the
					 Superintendent's response to a request for reconsideration, the CDE appeal
					 Decision remains in effect and enforceable, unless stayed by a court.
1. New
						section filed 5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  221.1,
						  33031 and
						  33315,
						  Education Code. Reference: Section
						  33315,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 5 - State Complaint Procedures › Section 4640 - Filing a State Complaint that Has Not First Been Filed at the Local Educational Agency (LEA); Time Lines, Notice, Appeal Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a complaint is erroneously filed with
					 the CDE without first being filed with and investigated by the LEA, the CDE
					 shall immediately forward the complaint to the LEA for processing in accordance
					 with article 4 of this chapter, unless extraordinary circumstances exist
					 necessitating direct state intervention as described at section
					 4650.
(b) The CDE will notify the complainant in
					 writing that:
(1) The CDE does not have
					 jurisdiction, at this time, over the complaint and that the complaint should
					 have been filed with the LEA in the first instance;
(2) That the complaint has been transferred
					 to the LEA requesting the LEA to process and investigate the allegation in the
					 complaint; and
(3) That the
					 complainant may file an appeal to the CDE following the issuance of the LEA
					 Investigation Report, pursuant to section
					 4632.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 6 - Direct State Intervention › Section 4650 - Basis of Direct State Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The CDE may at its discretion directly
					 intervene without waiting for an LEA investigation if one or more of the
					 following situations exist:
(1) The complaint
					 includes an allegation that an LEA failed to comply with the complaint
					 procedures required by this chapter and its local rules and regulations,
					 including, but not limited to, the failure or refusal of the LEA to cooperate
					 with the investigation;
(2) The
					 complainant requests anonymity because the complainant would be in danger of
					 retaliation and would suffer immediate and irreparable harm if the complainant
					 filed a complaint with the LEA (except for complaints identified in section
					 4630(e), which may
					 be filed anonymously at the local level);
(3) The complainant alleges that the LEA
					 failed or refused to implement the final LEA Investigation Report resulting
					 from its local investigation or local mediation agreement or a CDE appeal
					 Decision;
(4) The complainant
					 alleges that through no fault of the complainant, no action has been taken by
					 the LEA within 60 calendar days of the date the complaint was filed. Prior to
					 direct intervention, the CDE shall attempt to work with the LEA to allow it to
					 complete the investigation and issue an LEA Investigation Report; or
(5) The complainant alleges that the
					 complainant would suffer immediate and irreparable harm as a result of an
					 application of a district-wide policy that is in conflict with state or federal
					 law covered by this chapter, and that filing a complaint with the LEA would be
					 futile.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 6 - Direct State Intervention › Section 4651 - Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
					 Department accepts, a complaint requesting direct state intervention pursuant
					 to section 4650, it will immediately notify
					 the complainant in writing of the determination. If the complaint is not
					 accepted, it shall be referred to the LEA for local investigation, or referred
					 to another agency pursuant to section
					 4611.
(b) When the CDE declines direct intervention
					 for a complainant who requests anonymity pursuant to section
					 4650(a)(2), the
					 CDE will not forward the complaint to the LEA pursuant to section
					 4640 without the complainant's
					 permission.
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Amendment of section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant
						to Government Code section
						11343.4
						(Register 2005, No. 52).
3. Amendment of section heading, section
						and NOTE filed 9-17-2013; operative 1-1-2014 (Register 2013, No.
						38).
3. Amendment of section and NOTE filed 5-21-2020; operative
						7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Sections
						  221.1,
						  33031 and
						  33315,
						  Education Code. Reference: Sections
						  200 and
						  220,
						  Education Code; Sections
						  11135 and
						  11136,
						  Government Code; and 34
						  C.F.R. Sections 106.8 and
						  299.10(a)(2).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 6 - Direct State Intervention › Section 4652 - Appealing Local Agency Decisions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Renumbering of former section
						4652 to section
						4632 filed 12-29-2005; operative
						12-29-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 52).
Note: Authority cited: Sections
						  232 and
						  33031,
						  Education Code; Section
						  11138,
						  Government Code. Reference: Sections
						  11135,
						  11136, and
						  11138,
						  Government Code; 34 CFR
						  76.780-76.783 and
						  106.8.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 7 - State Investigation Procedures › Section 4660 - Department Resolution Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Amendment of article 7 heading, section and NOTE filed 12-29-2005; operative
						12-29-2005 pursuant to Government Code section
						11343.4
						(Register
						200 5, No.
						52).
3. Repealer filed 5-21-2020; operative 7-1-2020 (Register 2020,
						No. 21).
Note: Authority cited: Sections
						  200,
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  11135,
						  11136 and
						  11138,
						  Government Code; 34 CFR
						  106.8; and
						  34 CFR
						  299.10(a)(2).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 7 - State Investigation Procedures › Section 4661 - Mediation Procedures; State Mediation Agreements; Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Repealer of section and amendment of NOTE filed 12-29-2005; operative
						12-29-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 52).
Note: Authority cited: Sections
						  232 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  11135,
						  11136, and
						  11138,
						  Government Code; and 34 CFR
						  106.8.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 7 - State Investigation Procedures › Section 4662 - Investigation Timeline. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Amendment of section heading, section and NOTE filed 12-29-2005; operative
						12-29-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 52).
3. Repealer filed 5-21-2020; operative
						7-1-2020 (Register 2020, No. 21).
Note: Authority cited: Sections
						  221.1 and
						  33031,
						  Education Code; and Section
						  11138,
						  Government Code. Reference: Sections
						  200 and
						  220,
						  Education Code; Sections
						  11135,
						  11136 and
						  11138,
						  Government Code; 34 CFR
						  106.8; and
						  34 CFR
						  299.10(a)(2).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 7 - State Investigation Procedures › Section 4663 - Department Investigation Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The investigator(s) shall request all
					 documentation and other evidence regarding the allegations in the
					 complaint.
(b) The investigation
					 shall include an opportunity for the complainant, or the complainant's
					 representative, or both, to present the evidence or information leading to
					 evidence to support the allegations of non-compliance with state and federal
					 laws and/or regulations.
(c)
					 Refusal by the complainant to provide the investigator with documents or other
					 evidence related to the allegations in the complaint, or to otherwise fail or
					 refuse to cooperate in the investigation or engage in any other obstruction of
					 the investigation may result in the dismissal of the complaint because of a
					 lack of evidence to support the allegations.
(d) Refusal by the local educational agency
					 to provide the investigator with access to records and/or other information
					 related to the allegation in the complaint, or to otherwise fail or refuse to
					 cooperate in the investigation or engage in any other obstruction of the
					 investigation may result in a finding based on evidence collected that a
					 violation has occurred and may result in the imposition of a remedy in favor of
					 the complainant.
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Amendment of section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant
						to Government Code section
						11343.4
						(Register 2005, No. 52).
3. Amendment of section and NOTE filed
						5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  221.1,
						  33031 and
						  33315,
						  Education Code. Reference: Sections
						  200 and
						  220,
						  Education Code; Sections
						  11135 and
						  11136,
						  Government Code; and 34
						  C.F.R. Sections 76.1,
						  106.8 and
						  299.10(a)(2).
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 7 - State Investigation Procedures › Section 4664 - Department Investigation Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In cases of direct state intervention,
					 the CDE shall issue a Department Investigation Report. The Department
					 Investigation Report shall include the following:
(1) A summary of the allegations in the
					 complaint;
(2) A description of the
					 general procedures of the investigation;
(3) Citations of applicable law and
					 regulations;
(4) Department
					 findings of facts;
(5) Department
					 conclusions;
(6) Corrective actions
					 for the LEA or other public agency as defined in section
					 3200, if applicable;
(7) Time line for corrective actions, if
					 applicable;
(8) Notice that any
					 party may request reconsideration of the Department Investigation Report from
					 the Superintendent within 30 days of the date of the report;
(9) For those federal programs for which
					 there is a right to appeal to the United States Secretary of Education, the
					 parties shall be notified of that right.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 7 - State Investigation Procedures › Section 4665 - Reconsideration of Department Investigation Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days of the date of the
					 Department Investigation Report, either party may request reconsideration by
					 the Superintendent or the Superintendent's designee. The request for
					 reconsideration shall specify and explain why:
(1) Relative to the allegation(s), the
					 Department Investigation Report lacks material findings of fact necessary to
					 reach a conclusion of law on the subject of the complaint, and/or
(2) The material findings of fact in the
					 Department Investigation Report are not supported by substantial evidence,
					 and/or
(3) The legal conclusion in
					 the Department Investigation Report is inconsistent with the law,
					 and/or
(4) In a case in which the
					 CDE found noncompliance, the corrective actions fail to provide a proper
					 remedy.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 8 - Enforcement-State Procedures to Effect Compliance › Section 4670 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
					 determination that a local agency violated the provisions of this chapter, the
					 Department shall notify the local agency pursuant to sections
					 4633(g)(3) or
					 4664(b) that it
					 must take corrective action to come into compliance. If corrective action is
					 not taken, the Department may use any means authorized by law to effect
					 compliance, including, but not limited to:
(1)
					 The withholding of all or part of the local agency's relevant state or federal
					 fiscal support in accordance with state or federal statute or
					 regulation;
(2) Probationary
					 eligibility for future state or federal support, conditional on compliance with
					 specified conditions;
(3)
					 Proceeding in a court of competent jurisdiction for an appropriate order
					 compelling compliance.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 8 - Enforcement-State Procedures to Effect Compliance › Section 4671 - Federal Review Rights. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2.
						Repealer filed 12-29-2005; operative 12-29-2005 pursuant to Government Code
						section
						11343.4
						(Register 2005, No. 52).
Note: Authority cited: Sections
						  232 and
						  33031,
						  Education Code; Section
						  11138,
						  Government Code. Reference: 34 CFR 76.780-76.783.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4680 - Complaints Regarding Instructional Materials, Teacher Vacancy or Misassignment, and School Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Complaints regarding instructional
					 materials, emergency or urgent facilities conditions that pose a threat to the
					 health or safety of pupils or staff, and teacher vacancy or misassignment shall
					 be filed with the principal of the school, or his or her designee, in which the
					 complaint arises. A complaint about problems beyond the authority of the school
					 principal shall be forwarded in a timely manner, but not to exceed 10 working
					 days, to the appropriate school district official for resolution.
(b) Complaints regarding instructional
					 materials, emergency or urgent facilities conditions that pose a threat to the
					 health or safety of pupils or staff, and teacher vacancy or misassignment may
					 be filed anonymously. A complainant who identifies himself or herself is
					 entitled to a response if he or she indicates that a response is requested. If
					 a response is requested, the response shall be made to the mailing address of
					 the complainant indicated on the complaint.
(c) The school shall have a complaint form
					 available for such complaints. The complaint form shall identify the place for
					 filing the complaint and include a space to indicate whether a response is
					 requested. However, the complainant need not use a complaint form.
(d) All complaints and responses are public
					 records.
1. New
						article 9 (sections
						4680-4687) and section filed
						12-29-2005; operative 12-29-2005 pursuant to Government Code section
						11343.4
						(Register 2005, No. 52).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Section
						  35186,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4681 - Contents of Complaints Regarding Instructional Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complaint related to instructional
					 materials may allege as follows:
(1) A pupil,
					 including an English learner, does not have standards-aligned textbooks or
					 instructional materials or state adopted or district adopted textbooks or other
					 required instructional materials to use in class.
(2) A pupil does not have access to textbooks
					 or instructional materials to use at home or after school. This does not
					 require two sets of textbooks or instructional materials for each
					 pupil.
(3) Textbooks or
					 instructional materials are in poor or unusable condition, having missing
					 pages, or are unreadable due to damage.
(4) A pupil was provided photocopied sheets
					 from only a portion of a textbook or instructional materials to address a
					 shortage of textbooks or instructional materials.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4682 - Contents of Complaints Regarding Teacher Vacancy or Misassignment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complaint
					 related to teacher vacancy or misassignment may allege as follows:
(1) A semester begins and a teacher vacancy
					 exists (a position to which a single designated certificated employee has not
					 been assigned at the beginning of the year for an entire year or, if the
					 position is for a one-semester course, a position of which a single designated
					 certificated employee has not been assigned at the beginning of a semester for
					 an entire semester).
(2) A teacher
					 who lacks credentials or training to teach English learners is assigned to
					 teach a class with more than 20 percent English learner pupils in the class.
					 This subparagraph does not relieve a school district from complying with state
					 or federal law regarding teachers of English learners.
(3) A teacher is assigned to teach a class
					 for which the teacher lacks subject matter competency.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4683 - Contents of Complaints Regarding the Condition of a Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complaint
					 related to the conditions of facilities that pose an emergency or urgent threat
					 to the health or safety of pupils or staff shall identify the specific school
					 in which the condition exists. The complaint shall specify:
(1) the location of the facility;
(2) describe emergency or urgent facilities
					 conditions that pose a threat to the health or safety of pupils or staff;
					 and
(3) how the condition poses a
					 threat to the health or safety of pupils or staff.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4684 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to
					 identify appropriate subjects of complaint, a notice shall be posted in each
					 classroom in each school in the school district notifying parents and guardians
					 of the following:
(1) There should be
					 sufficient textbooks and instructional materials. For there to be sufficient
					 textbooks and instructional materials each pupil, including English learners,
					 must have a textbook or instructional materials, or both, to use in class and
					 to take home.
(2) School facilities
					 must be clean, safe, and maintained in good repair.
(3) There should be no teacher vacancies or
					 misassignments. There should be a teacher assigned to each class and not a
					 series of substitutes or other temporary teachers. The teacher should have the
					 proper credential to teach the class, including the certification required to
					 teach English learners if present.
(4) The location at which to obtain a form to
					 file a complaint in case of a shortage. Posting a notice downloadable from the
					 Web site of the Department shall satisfy this requirement.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4685 - Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal or the designee of the district
						superintendent, as applicable, shall make all reasonable efforts to investigate
						any problem within his or her authority. The principal, or, where applicable,
						district superintendent or his or her designee shall remedy a valid complaint
						within a reasonable time period but not to exceed 30 working days from the date
						the complaint was received. The principal, or where applicable, district
						superintendent or his or her designee, shall report to the complainant the
						resolution of the complaint within 45 working days of the initial filing, if
						complainant identifies himself or herself and requested a response. If the
						principal makes this report, the principal shall also report the same
						information in the same timeframe to the district superintendent or his or her
						designee.
1. New
						section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code
						section
						11343.4
						(Register 2005, No. 52).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Section
						  35186,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4686 - Responsibilities of Governing Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complainant who is not satisfied with
					 the resolution of the principal or the district superintendent or his or her
					 designee, has the right to describe the complaint to the governing board of the
					 school district at a regularly scheduled meeting of the governing
					 board.
(b) A school district shall
					 report summarized data on the nature and resolution of all complaints on a
					 quarterly basis to the county superintendent of schools and the governing board
					 of the school district. The summaries shall be publicly reported on a quarterly
					 basis at a regularly scheduled meeting of the governing board of the school
					 district. The report shall include the number of complaints by general subject
					 area with the number of resolved and unresolved complaints.
(c) The complaints and written responses
					 shall be available as public records.
1. New
						section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code
						section
						11343.4
						(Register 2005, No. 52).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Section
						  35186,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 9 - Williams Complaints › Section 4687 - Appeal of Facilities Complaint to Superintendent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complainant who is not satisfied with
					 the resolution proffered by the principal, or the district superintendent or
					 his or her designee, involving a condition of a facility that poses an
					 emergency or urgent threat, as defined in paragraph (1) of subdivision (c) of
					 section 17592.72, has the right to file an
					 appeal to the Superintendent of Public Instruction within 15 days of receiving
					 the report.
(b) Complainant shall
					 comply with the appeal requirements of section
					 4632.
(c) The Superintendent of Public Instruction
					 or his or her designee shall comply with the requirements of section
					 4633.
(d) The Superintendent of Public Instruction
					 shall provide a written report to the State Board of Education describing the
					 basis for the complaint, the school district's response to the complaint and
					 its remedy or proposed remedy and, as appropriate, a proposed remedy for the
					 issue described in the complaint, if different from the school district's
					 remedy.
1. New
						section filed 12-29-2005; operative 12-29-2005 pursuant to Government Code
						section
						11343.4
						(Register 2005, No. 52).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  17592.72
						  and
						  35186,
						  Education Code.
California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 10 - Complaints Regarding State Preschool Health and Safety Issues in LEAs Exempt from Licensing › Section 4690 - Filing a Local Complaint; Procedures; Time Lines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Written complaints regarding California
					 state preschool health and safety issues pursuant to section
					 1596.7925
					 of the Health and Safety Code, in LEAs that operate a California state
					 preschool program as exempt from licensing pursuant to subdivision (o) of
					 section
					 1596.792
					 of the Health and Safety Code, shall be filed with the preschool program
					 administrator or the administrator's designee.
(b) A complaint about problems beyond the
					 authority of the preschool program administrator shall be forwarded in a timely
					 manner, but not to exceed 10 working days to the appropriate LEA official for
					 resolution.
(c) A complaint may be
					 filed anonymously. A complainant who self-identifies is entitled to a response
					 if the complainant indicates that a response is requested. A complaint form
					 shall include a space to mark to indicate whether a response is requested. If
					 section
					 48985 of
					 the Education Code is otherwise applicable, the response, if requested, and
					 report shall be written in English and the primary language in which the
					 complaint was filed.
(d) The
					 complaint form required by Education Code section
					 8235.5
					 shall specify the location for filing a complaint. A complainant may add as
					 much text to explain the complaint as the complainant wishes.
(e) All complaints and responses are public
					 records.
1. New
						article 10 (sections
						4690-4694) and section filed
						5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  8235.5,
						  33031 and
						  33315,
						  Education Code. Reference: Section
						  8235.5,
						  Education Code.