Legal Resources | Title 5 | T5 4630
Local Complaint Procedures. Filing a Local Complaint; Procedures, Time Lines
(a) Except for complaints under sections 4680-4687 regarding instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of pupils or staff, and teacher vacancies or misassignments, and complaints that allege discrimination, harassment, intimidation or bullying and complaints regarding pupil fees, any individual, public agency or organization may file a written complaint with the district superintendent or his or her designee alleging a matter which, if true, would constitute a violation by that LEA of federal or state law or regulation governing a program listed in section 4610(b) of this chapter.
(b) An investigation of alleged unlawful discrimination, harassment, intimidation or bullying shall be initiated by filing a complaint not later than six months from the date the alleged discrimination, harassment, intimidation or bullying occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination, harassment, intimidation or bullying unless the time for filing is extended by the district superintendent or his or her designee, upon written request by the complainant setting forth the reasons for the extension. Such extension by the district superintendent or his or her designee shall be made in writing. The period for filing may be extended by the district superintendent or his or her designee for good cause for a period not to exceed 90 days following the expiration of the six month time period. The district superintendent shall respond immediately upon a receipt of a request for extension.
(1) The complaint shall be filed by one who alleges that he or she has personally suffered unlawful discrimination, harassment, intimidation or bullying, or by one who believes an individual or any specific class of individuals has been subjected to discrimination, harassment, intimidation or bullying prohibited by this part.
(2) The complaint shall be filed with the LEA in accordance with the complaint procedures of the LEA.
(3) An investigation of a discrimination, harassment, intimidation or bullying complaint shall be conducted in a manner that protects confidentiality of the parties and maintains the integrity of the process.
(c)(1) Pupil fee complaints may be filed with the principal of the school.
(2) Pupil fee complaints shall be filed not later than one year from the date the alleged violation occurred.
(3) Pupil fee complaints may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with Education Code sections 49010 and 49011 regarding pupil fees.
Authority cited:
Education Code 221.1
Education Code 33031
Government Code 11138
Reference:
Education Code 200
Education Code 220
Education Code 234.1
Education Code 49013
Government Code 11135
Government Code 11136
Government Code 11138
34 C.F.R. 106.8
(Amended by Register 2013, No. 38.)