Home Table of Contents

§ 4631. Responsibilities of the LEA.

5 CA ADC § 4631BARCLAYS 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 § 4631
§ 4631. Responsibilities of the LEA.
(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.
(f) Nothing in this chapter shall prohibit the parties from utilizing alternative methods to resolve the allegations in the complaint, including, but not limited to, local mediation.
(g) Nothing in this chapter shall prohibit an LEA from resolving complaints prior to the formal filing of a written complaint.
Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Sections 200, 220 and 49013, 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 heading, 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 heading, 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 § 4631, 5 CA ADC § 4631
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.