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 4631 - Responsibilities of the LEA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a complaint, the LEA
					 person responsible for the investigation of the complaints or that person's
					 designee shall conduct and complete an investigation of the complaint in
					 accordance with the local procedures adopted pursuant to section
					 4621 and prepare a written LEA
					 Investigation Report. This 60-day time period may be extended with the written
					 agreement of the complainant.
(b)
					 The investigation shall include an opportunity for the complainant, or the
					 complainant's representative, or both, to present 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 LEA
					 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.
(e) The LEA shall
					 issue an LEA Investigation Report based on the evidence. The LEA Investigation
					 Report shall be in writing and sent to the complainant within 60 days from
					 receipt of the complaint by the LEA, subject to any extension under subsection
					 (a) above. The LEA Investigation Report shall include:
(1) the findings of fact based on the
					 evidence gathered;
(2) conclusion
					 providing a clear determination as to each allegation as to whether the LEA is
					 in compliance with the relevant law; and
(3) if the LEA finds merit in the complaint,
					 corrective actions including in the case of complaints related to subsections
					 (a)(1)(I), (J), (K) and (L) of Education Code section
					 33315, or
					 as otherwise required by law, a remedy to all affected pupils, parents, and
					 guardians. With respect to a pupil fees complaint, corrective actions shall
					 include, a remedy that comports with Education Code section
					 49013(d)
					 and section
					 4600(t).
(4) notice of the complainant's right 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);
					 and
(5) procedures to be followed
					 for initiating an appeal to the CDE.