California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 5.1 - Uniform Complaint Procedures › Subchapter 1 - Complaint Procedures › Article 1 - Definitions › Section 4600 - General Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter, the term:
(a) "Appeal" means a written and signed
					 request by the complainant to the CDE seeking review of an LEA Investigation
					 Report that was issued in response to a properly-filed complaint. A signature
					 may be handwritten, typed (including in an email) or
					 electronically-generated.
(b)
					 "Beginning of the year or semester" means the time period from the first day
					 pupils attend classes for a year-long course or semester-long course though not
					 later than 20 business days afterwards.
(c) "CDE" or "Department" means the
					 California Department of Education.
(d) "Complainant" means any individual,
					 including a person's duly authorized representative or an interested third
					 party, public agency, or organization who files a written complaint alleging
					 violation of federal or state laws or regulations, including allegations of
					 unlawful discrimination, harassment, intimidation or bullying in programs and
					 activities funded directly by the state or receiving any financial assistance
					 from the state.
(e) "Complaint"
					 means a written and signed statement alleging a violation of federal or state
					 laws or regulations, which may include an allegation of unlawful
					 discrimination, harassment, intimidation or bullying. A signature may be
					 handwritten, typed (including in an email) or electronically generated.
					 Complaints may be filed anonymously pursuant to section
					 4630(e).
					 Notwithstanding section
					 4600(d), a
					 complaint filed on behalf of an individual student may only be filed by that
					 student or that student's duly authorized representative. If the complainant is
					 unable to put the complaint in writing, due to conditions such as a disability
					 or illiteracy, the local agency shall assist the complainant in the filing of
					 the complaint.
(f) "Complaint
					 investigation" means an administrative process used by CDE or local educational
					 agency (LEA) for the purpose of gathering data regarding the
					 complaint.
(g) "Complaint
					 procedure" means an internal process used by the CDE or LEA to process and
					 resolve complaints.
(h) "Days"
					 means calendar days unless designated otherwise.
(i) "Direct state intervention" means the
					 steps taken by the CDE to initially investigate complaints or effect
					 compliance.
(j) "Educational
					 activity" shall have the same definition as found in Education Code section
					 49010(a).
(k) "Facilities that pose an emergency or
					 urgent threat to the health or safety of pupils or staff" means a condition as
					 defined in Education Code section
					 17592.72(c)(1)
					 and any other emergency conditions the school district determines
					 appropriate.
(l) "Good repair"
					 shall have the same definition as that found in Education Code section
					 17002(d).
(m) "Instructional materials" means all
					 materials that are designed for use by pupils and their teachers as a learning
					 resource and help pupils to acquire facts, skills, or opinions or to develop
					 cognitive processes. Instructional materials may be printed or nonprinted, and
					 may include textbooks, technology-based materials, other educational materials,
					 and tests.
(n) "Investigation
					 report" includes an LEA investigation report issued pursuant to section
					 4631(e), an LEA
					 amended investigation report issued pursuant to section
					 4632(f), or a
					 Department investigation report issued pursuant to section
					 4664.
(o) "Local agency" means a local public or
					 private agency which receives direct or indirect funding or any other financial
					 assistance from the State to provide any school programs or activities or
					 special education or related services.
(p) "Local educational agency (LEA)" means
					 any public school district and county office of education or charter school, as
					 applicable, unless otherwise stated in law.
(q) "Mediation" means a local problem solving
					 activity whereby a third party assists the parties to the dispute in resolving
					 the complaint.
(r) "Misassignment"
					 means the placement of a certificated employee in a teaching or services
					 position for which the employee does not hold a legally recognized certificate
					 or credential or the placement of a certificated employee in a teaching or
					 services position that the employee is not otherwise authorized by statute to
					 hold.
(s) "Pupil fee" shall have
					 the same definition as found in Education Code section
					 49010(b).
(t) "Reasonable efforts" means a public
					 school's good faith attempts to identify and fully reimburse all pupils,
					 parents and guardians who paid a pupil fee within one year prior to the filing
					 of the complaint.
(1) Reasonable efforts to
					 identify pupils who paid a pupil fee include but are not limited to researching
					 existing school records, contacting pupils who were enrolled in or
					 participating in the educational activity during the time the pupil fee was
					 charged, and considering submissions of proof of payment of the pupil
					 fee.
(2) Reasonable efforts to
					 fully reimburse all pupils, parents and guardians who paid a pupil fee include
					 but are not limited to crediting the pupil's school financial account and
					 sending reimbursement by first class mail to the pupil's last known primary
					 address as contained in school or LEA records. If the school has knowledge that
					 a pupil's last known address as contained in school or LEA records is no longer
					 valid, the school may attempt to obtain a more recent address from any notices
					 returned to the school or local educational agency by the United States Postal
					 Service.