California Education Code § 33315

Education Code
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(a) The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following: (1) The Uniform Complaint Procedures shall apply to all of the following: (A) Adult education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive. (B) Consolidated categorical aid programs as listed in subdivision (a) of Section 64000. (C) Migrant child education established pursuant to Sections 54440 to 54445, inclusive. (D) Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive. (E) Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive. (F) The filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance. (G) Lactation accommodations pursuant to Section 222. (H) Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements for foster youth, homeless youth, and other youth pursuant to Section 51225.1. (I) Pupil fees pursuant to Sections 49010 to 49013, inclusive. (J) Courses of study pursuant to Section 51228.3. (K) Instructional minutes for physical education pursuant to Section 51223. (L) Local control and accountability plans pursuant to Section 52075. (M) Juvenile court schools pursuant to Section 48645.7. (N) School safety plans pursuant to Section 32289. (O) Deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 8235.5. (P) School or athletic team names, mascots, or nicknames pursuant to Section 221.3. (Q) Any other state or federal educational program the Superintendent deems appropriate. (2) As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the California Code of Regulations. (3) The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the department’s internet website. (4) Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the department’s receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant. (5) Except for cases of complaints related to pa

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