Home Table of Contents

§ 3202. Filing a State Complaint.


Barclays Official California Code of Regulations Currentness
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
5 CCR § 3202
§ 3202. Filing a State Complaint.
(a) In accordance with 34 Code of Federal Regulations (CFR) section 300.153, an organization or individual may file a signed written complaint with the CDE under the procedures described in 34 CFR sections 300.151-152.
(b) The complaint filed pursuant to subdivision (a) must include:
(1) A statement that an LEA or other public agency has violated or failed to comply with any provision set forth in section 3201.
(2) The facts on which the statement is based;
(3) The signature and contact information for the complainant; and
(4) If alleging violations with respect to a specific child:
(A) The name and address of the residence of the child;
(B) The name of the school the child is attending;
(C) In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(2)), available contact information for the child, and the name of the school the child is attending;
(D) A description of the nature of the problem of the child, including facts relating to the problem; and
(E) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
(c) The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with 34 CFR section 300.151.
(d) The party filing the complaint must forward a copy of the complaint to the LEA or public agency serving the child at the same time the party files the complaint with the CDE.
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.
1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
This database is current through 9/11/20 Register 2020, No. 37
5 CCR § 3202, 5 CA ADC § 3202
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.