Cal. Code Regs. tit. 5 § 3200

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3200 - Definitions

As used in this chapter, the term:

(a) "CDE" means the California Department of Education.

(b) "Complainant" means any individual, including a person's duly authorized representative or an interested third party, public agency, or organization who files a written complaint alleging a violation of any of the provisions within the scope of section 3201.

(c) "Complaint" means a written and signed statement alleging a violation of any of the provisions within the scope of section 3201. A signature may be handwritten, typed (including in an email) or electronically-generated. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the CDE shall assist the complainant in the filing of the complaint.

(d) "Complaint investigation" means an administrative process used by the CDE for the purpose of addressing a special education complaint.

(e) "Complaint procedure" means an internal process used by the CDE to process and resolve complaints.

(f) "Days" means calendar days unless designated otherwise.

(g) "IDEA" means the Individuals with Disabilities Education Act as set forth in title 20 United States Code sections 1400 through 1482.

(h) "Local agency" means a local public or private agency which receives direct or indirect funding or any other financial assistance from the state to provide any school programs or activities or special education or related services. "Local agency" includes a Special Education Local Plan Area (SELPA).

(i) "Local educational agency" (LEA) means any public school district or county office of education, or a charter school that participates in a Special Education Local Plan Area as its own LEA, or a SELPA.

(j) "Party" means any person or organization filing a state complaint pursuant to section 3202, and any LEA or other public entity that is expressly identified as the subject of the complaint filed.

(k) "Public agency" means any local agency or state agency.

(l) "SELPA" means Special Education Local Plan Area.

(m) "SSPI" means the State Superintendent of Public Instruction or the SSPI's designee.

(n) "State agency" means the State Departments of State Hospitals or Health Care Services or any other state administrative unit that is or may be required to provide special education or related services to children with disabilities pursuant to Government Code sections 7570 through 7587. For complaints involving the CDE's State Special Schools Division, state agency includes the CDE.

Cal. Code Regs. Tit. 5, § 3200

1. New article 9 (sections 3200-3205) and section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).

Note: Authority cited: Sections 33315 and 56500.2, Education Code. Reference: Sections 33315 and 56500.2, Education Code; and 34 C.F.R. Sections 300.151-300.153.

1. New article 9 (sections 3200-3205) and section filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).