• Each LEA UCP document should specify that the complainant and representative are to be given the opportunity to present any evidence relevant to the complaint.
• Each LEA UCP document should provide that a written report of the LEA decision is prepared within 60 calendar days after receipt of the complaint by the LEA, and that said report is to be written both in English and the primary language of the complainant. • Each LEA UCP document should indicate that notice is given to the complainant, at the time of the LEA decision, as to the right of appeal to the California Department of Education (CDE) within 15 days.
Section B – Filing a Local Complaint
For complaints other than discrimination, any individual, public agency, or organization may file a written complaint with the administrator/superintendent of the local education agency, alleging a matter, if true, would constitute a violation by that local education agency of federal or state law or regulations governing special education programs, as well as adult basic education, consolidated categorical aid programs, migrant education, vocational education, child care and development, and child nutrition programs. A complainant may also file directly with:
California Department of Education Special Education Division
515 L Street, Suite 270 Sacramento, CA 95814 FAX: (916) 327-3516
An investigation of alleged unlawful discrimination shall by initiated by filing a complaint not later than six months from the date the alleged discrimination occurred, or the date the complainant first obtained knowledge of the facts of the alleged discrimination unless the time for filing is extended by the superintendent, upon written request by the complainant setting forth the reasons for the extension. • The complaint shall be filed by the one who alleges that he or she has personally suffered unlawful discrimination, or by one who believes an individual or any specific class of individuals has been subjected to discrimination.
• The complaint shall be filed with the LEA director/superintendent or designee, unless the complainant requests direct intervention by the State Department of Education.
• An investigation of a discrimination complaint shall be conducted in a manner that protects confidentiality of the parties and the facts.
Chapter 8 – Uniform Complaint Procedures, Desert/Mountain SELPA
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As of 11/26/2007
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