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§ 4610. Purpose and Scope.

5 CA ADC § 4610BARCLAYS 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 2. Purpose and Scope
5 CCR § 4610
§ 4610. Purpose and Scope.
(a) This chapter applies to the filing, investigation and resolution of a complaint regarding an alleged violation by a local agency of federal or state law or regulations governing educational programs and other specified subject matter, as described in subsection (b) below.
(b) The Uniform Complaint Procedures in this chapter shall apply to complaints relating to all of the matters addressed in Education Code section 33315(a)(1) and any other applicable matters identified by the Legislature in the future.
(c) These procedures do not apply to complaints regarding child nutrition programs established pursuant to Education Code sections 49490 to 49590, inclusive.
(1) The federal provisions governing complaints relative to child nutrition programs are 7 Code of Federal Regulations sections 210.19(a)(4), 215.1(a), 220.13(c), 225.11(b), 226.6(n), and 250.15(d).
(2) Other provisions governing complaints relative to child nutrition programs are found in sections 15580 through 15584 of this title.
(d) These procedures do not apply to complaints regarding special education programs established pursuant to Education Code sections 56000 to 56865, and 59000 to 59300, inclusive.
(1) The federal provisions governing complaints relative to special education programs are 34 Code of Federal Regulations sections 300.151 through 300.153.
(2) Other provisions governing complaints relative to special education are found in sections 3200 through 3205 of this title.
(e) Nothing in these regulations shall prevent an LEA from using its local uniform complaint procedure to address complaints not described in subsection (b). LEA Investigation Reports on complaints not described in subsection (b) may not be appealed to the CDE.
(f) These procedures do not apply to complaints regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancies and misassignments, except as otherwise indicated. Such complaints are addressed in and governed by sections 4680 through 4687. LEA Investigation Reports on facilities complaints may be appealed to the CDE pursuant to section 4687.
(g) These procedures do not apply to complaints regarding state preschool health and safety issues in LEAs exempt from licensing, except as otherwise indicated. Such complaints are addressed in and governed by sections 4690 through 4694. LEA Investigation Reports on state preschool health and safety issues in LEAs exempt from licensing may be appealed to the CDE pursuant to section 4694
(h) The CDE will develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the CDE's website.
Note: Authority cited: Sections 221.1, 222, 8235.5, 8261, 32289, 33031, 33315, 46015, 48645.7, 48853, 48853.5, 49069.5, 49531, 49551, 51223, 51225.1, 51225.2, 51228.3, 52075, 54445, 52355, 52451, 56100(a) and 56100(j), Education Code. Reference: Sections 200, 220, 234.1, 260, 8235.5, 33315, 35186, 49013 and 49556, Education Code; Section 11135, Government Code; and 34 C.F.R. Sections 106.1-106.8 and 299.10-299.11.
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 9/11/20 Register 2020, No. 37
5 CCR § 4610, 5 CA ADC § 4610
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