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§ 4630. Filing a Local Complaint; Procedures, Time Lines.

5 CA ADC § 4630BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 5. Education
Division 1. California Department of Education
Chapter 5.1. Uniform Complaint Procedures
Subchapter 1. Complaint Procedures
Article 4. Local Complaint Procedures
5 CCR § 4630
§ 4630. Filing a Local Complaint; Procedures, Time Lines.
(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.
(d) Pupil fee complaints may be filed with the principal of the school.
(e) Pupil fee complaints and complaints regarding local control and accountability plans only, may be filed anonymously, that is, without an identifying signature, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with Education Code sections 49010 and 49011 regarding pupil fees or an allegation of noncompliance with Education Code sections 52060 through 52077, including an allegation of a violation of Education Code sections 47606.5 or 47607.3, as referenced in Education Code section 52075, regarding local control and accountability plans.
Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Sections 200, 220, 234.1, 49013 and 52075, Education Code; Sections 11135 and 11136, Government Code; and 34 C.F.R. Section 106.8.
HISTORY
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).
This database is current through 10/9/20 Register 2020, No. 41
5 CCR § 4630, 5 CA ADC § 4630
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