(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), 215.11(e), 220.13(c), 225.11(b), 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.
Notes
Ca.
Education Code §
4610
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, 52355, 52451, 54445 and 56100, 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.
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.
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).
5. Amendment of subsection (c)(1) and NOTE filed 1-30-2025;
operative 4/1/2025 (Register
2025, No. 15).
