Section C – Filing a State Complaint
When the State Superintendent receives a complaint requesting direct state intervention, the superintendent shall determine whether the complaint meets one or more of the criterion specified in Section 4650 for direct state intervention and shall immediately notify the complainant by mail of his or her determination. If the complaint is not accepted, it shall be referred for local investigation. If a complaint is erroneously sent to the State Superintendent without LEA investigation, the State Superintendent shall immediately forward the complaint to the LEA for processing in accordance with local procedures unless circumstances require State Department intervention. The complainant shall be sent a letter to notify him, her, or them of 1) the transferred complaint, 2) the State request for LEA resolution, and 3) to advise of State Department appeal procedures.
When direct state intervention is warranted pursuant to any provision of Section 4650, or when an appeal has been filed, the following procedures shall be used to resolve the issues of the complaint:
• The State Department shall offer to mediate the dispute which may lead to a state mediation agreement, and
• The State Department shall conduct an on-site investigation if either the LEA or the complainant waives the mediation process or the mediation fails to resolve the issues.
If the complaint involves several issues, nothing shall prohibit the parties from agreeing to mediate some of the issues while submitting the remainder for State Department investigation. Mediation shall be conducted within the 60-day timeline. Mediation shall not exceed 30 days unless the local or public agency and the complainant agree to the extension.
Section D – General Definitions
The following list of definitions is provided to clarify the complaint process:
Appeal: A request made in writing to a level higher than the original reviewing level by an aggrieved party requesting reconsideration or a reinvestigation of the lower adjudicating body’s decision. Complainant: Any individual, including a person’s duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging violation of federal or state laws or regulations, including allegations of unlawful discrimination in programs and activities funded directly by the state or receiving any financial assistance from the state. Complaint: A written and signed statement alleging a violation of a federal or state law or regulation, which may include an allegation of unlawful discrimination. If the complainant is unable to put the complaint in writing, due to conditions such as illiteracy or other handicaps, the public agency shall assist the complainant in the filing of the complaint.
Chapter 8 – Uniform Complaint Procedures, Desert/Mountain SELPA
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As of 11/26/2007
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