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Legal Resources | Title 5 |  T5  4640  

Filing a State Complaint That Has Not First Been Filed at the Local Educational Agency (LEA); Time Lines, Notice, Appeal Rights   

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Referral to the LEA for Local Resolution.

(a) If a complaint is erroneously filed with the CDE without first being filed with and investigated by the LEA, the CDE shall immediately forward the complaint to the LEA for processing in accordance with article 4 of this chapter, unless extraordinary circumstances exist necessitating direct state intervention as described at section 4650.

(b) A letter shall be sent by first class mail to the complainant(s) notifying him, her, or them that:

(1) The CDE does not have jurisdiction, at this time, over the complaint and that the complaint should have been filed with the LEA in the first instance;

(2) That the complaint has been transferred to the local educational agency requesting the local educational agency to process and investigate the allegation in the complaint; and

(3) That the complainant may file an appeal to the CDE following the issuance of the Decision, if he or she believes as a matter of fact or law the Decision is incorrect.

Authority cited:

Education Code 221.1

Education Code 33031

Government Code 11138


Education Code 200

Education Code 220

Government Code 11135

Government Code 11136

Government Code 11138

34 C.F.R. 106.8

34 C.F.R. 299.10(a)(2)

(Amended by Register 2013, No. 38.)