Legal Resources | Title 5 | T5 4631
Local Complaint Procedures. Responsibilities of the LEA
(a) Except for 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 or misassignments, which must be processed in accordance with sections 4680-4687, within 60 days from the date of the receipt of the complaint, the LEA person responsible for the investigation of the complaints or his or her 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 Decision. This time period may be extended by written agreement of the complainant.
(b) The investigation shall include an opportunity for the complainant, or the complainant's representative, or both, to present the complaint(s) and 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 should issue a Decision (the Decision) based on the evidence. The Decision shall be in writing and sent to the complainant within 60 days from receipt of the complaint by the LEA. The Decision should contain:
(1) the findings of fact based on the evidence gathered,
(2) conclusion of law,
(3) disposition of the complaint,
(4) the rationale for such disposition,
(5) corrective actions, if they are warranted, including, with respect to a pupil fee complaint, a remedy that comports with Education Code section 49013(d) and section 4600(u).
(6) notice of the complainant's right to appeal the LEA Decision to the CDE, and
(7) 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, mediation.
(g) Nothing in this chapter shall prohibit an LEA from resolving complaints prior to the formal filing of a written complaint.
Education Code 221.1
Education Code 33031
Government Code 11138
Education Code 200
Education Code 220
Education Code 49013
Government Code 11135
Government Code 11136
Government Code 11138
34 C.F.R. 106.8
(Amended by Register 2013, No. 38.)