California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 3 - Individuals with Exceptional Needs › Subchapter 1 - Special Education › Article 9 - Filing of a Complaint › Section 3200 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter, the term:
(a) "CDE" means the California Department of
					 Education.
(b) "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 a violation of any of the provisions within the scope of
					 section 3201.
(c) "Complaint" means a written and signed
					 statement alleging a violation of any of the provisions within the scope of
					 section 3201. A signature may be
					 handwritten, typed (including in an email) or electronically-generated. If the
					 complainant is unable to put the complaint in writing, due to conditions such
					 as a disability or illiteracy, the CDE shall assist the complainant in the
					 filing of the complaint.
(d)
					 "Complaint investigation" means an administrative process used by the CDE for
					 the purpose of addressing a special education complaint.
(e) "Complaint procedure" means an internal
					 process used by the CDE to process and resolve complaints.
(f) "Days" means calendar days unless
					 designated otherwise.
(g) "IDEA"
					 means the Individuals with Disabilities Education Act as set forth in title
					 20 United States Code
					 sections 1400 through
					 1482.
(h) "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. "Local agency" includes a Special
					 Education Local Plan Area (SELPA).
(i) "Local educational agency" (LEA) means
					 any public school district or county office of education, or a charter school
					 that participates in a Special Education Local Plan Area as its own LEA, or a
					 SELPA.
(j) "Party" means any person
					 or organization filing a state complaint pursuant to section
					 3202, and any LEA or other public
					 entity that is expressly identified as the subject of the complaint
					 filed.
(k) "Public agency" means
					 any local agency or state agency.
(l) "SELPA" means Special Education Local
					 Plan Area.
(m) "SSPI" means the
					 State Superintendent of Public Instruction or the SSPI's designee.
(n) "State agency" means the State
					 Departments of State Hospitals or Health Care Services or any other state
					 administrative unit that is or may be required to provide special education or
					 related services to children with disabilities pursuant to Government Code
					 sections
					 7570
					 through
					 7587. For
					 complaints involving the CDE's State Special Schools Division, state agency
					 includes the CDE.
1. New
						article 9 (sections
						3200-3205) and section filed
						5-21-2020; operative 7-1-2020 (Register 2020, No.
						21).
Note: Authority cited: Sections
						  33315 and
						  56500.2,
						  Education Code. Reference: Sections
						  33315 and
						  56500.2,
						  Education Code; and 34
						  C.F.R. Sections 300.151-300.153.