Policy – Category 1000 (Community Relations)
BP 1002 – Uniform Complaint Procedures
contained in Sections 4650, 4652 and 4671 of the Title 5 California Code of Regulations . Note: When 15% or more of the students in any elementary or secondary school site speak a primary language other than English, the notice to parents or guardians of such students should be written in both English and the primary language.
• Each LEA UCP document should include a statement which advises complainants of any local civil law remedies.
• Each LEA UCP document should provide for investigation and/or mediation within a 60-day timeline, and explain how each complaint is received and handled within the LEA.
• 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.
3.0
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
BP 1002 – Uniform Complaint Procedures
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/07)
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