DMSELPA Policies and Procedures

Policy – Category 1000 (Community Relations)

BP 1002 – Uniform Complaint Procedures

not exceed 30 days unless the local or public agency and the complainant agree to the extension.

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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.

Complaint Investigation: An administrative process used by the state department or local agency for the purpose of gathering data regarding the complaint.

Complaint Procedure: An internal process used by the state department or local agency to process and resolve complaints.

Compliance Agreement: An agreement between the state department and a local agency, following a finding of noncompliance by the state department, developed by the local agency and approved by the state department to resolve the noncompliance.

Days: Calendar days unless designated otherwise.

Department: The California Department of Education.

Direct State Intervention: The steps taken by the state department to initially investigate complaints or effect compliance.

Local Agency: A school district governing board or a local public or private agency that receives direct or indirect funding or any other financial assistance from the state to provide any school programs, activities, special education or related services. “Local Education Agency” includes any public school district and county office of education.

BP 1002 – Uniform Complaint Procedures

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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/07)

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