Cal. Code Regs. Tit. 5, § 3201 - Scope

This article applies to complaints that allege that an LEA or, as applicable, other public agency, violated any of the following provisions:

(a) Part B of the IDEA, and federal regulations implementing Part B; or

(b) Part 30 of the Education Code, and this subchapter.

(c) Additionally, this article applies to those complaints in which:

(1) The complainant alleges that an LEA or other public agency has violated the terms of a settlement agreement relating to the provision of a free, appropriate public education. An allegation relating to an attorney fees provision in a settlement agreement is expressly excluded from the article.

(2) The complainant alleges that the LEA or other public agency has failed or refused to implement a due process hearing order to which that LEA or other public agency is subject.

(3) The complainant alleges that a public agency, other than an LEA, as specified in Government Code sections 7570 through 7587, fails or refuses to comply with a law or regulation applicable to that public agency as it pertains or relates to the provision of a free appropriate public education to individuals with disabilities.

(4) The complainant alleges facts that indicate that physical safety concerns interfere with the provision of a free appropriate public education.

Notes

Cal. Code Regs. Tit. 5, § 3201

1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).

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).