Section 4600 - General DefinitionsAs used in this chapter, the term:
(a) "Appeal" means a written and signed request by the complainant to the CDE seeking review of an LEA Investigation Report that was issued in response to a properly-filed complaint. A signature may be handwritten, typed (including in an email) or electronically-generated.(b) "Beginning of the year or semester" means the time period from the first day pupils attend classes for a year-long course or semester-long course though not later than 20 business days afterwards.(c) "CDE" or "Department" means the California Department of Education.(d) "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 violation of federal or state laws or regulations, including allegations of unlawful discrimination, harassment, intimidation or bullying in programs and activities funded directly by the state or receiving any financial assistance from the state.(e) "Complaint" means a written and signed statement alleging a violation of federal or state laws or regulations, which may include an allegation of unlawful discrimination, harassment, intimidation or bullying. A signature may be handwritten, typed (including in an email) or electronically generated. Complaints may be filed anonymously pursuant to section 4630(e). Notwithstanding section 4600(d), a complaint filed on behalf of an individual student may only be filed by that student or that student's duly authorized representative. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the local agency shall assist the complainant in the filing of the complaint.(f) "Complaint investigation" means an administrative process used by CDE or local educational agency (LEA) for the purpose of gathering data regarding the complaint.(g) "Complaint procedure" means an internal process used by the CDE or LEA to process and resolve complaints.(h) "Days" means calendar days unless designated otherwise.(i) "Direct state intervention" means the steps taken by the CDE to initially investigate complaints or effect compliance.(j) "Educational activity" shall have the same definition as found in Education Code section 49010(a).(k) "Facilities that pose an emergency or urgent threat to the health or safety of pupils or staff" means a condition as defined in Education Code section 17592.72(c)(1) and any other emergency conditions the school district determines appropriate.(l) "Good repair" shall have the same definition as that found in Education Code section 17002(d).(m) "Instructional materials" means all materials that are designed for use by pupils and their teachers as a learning resource and help pupils to acquire facts, skills, or opinions or to develop cognitive processes. Instructional materials may be printed or nonprinted, and may include textbooks, technology-based materials, other educational materials, and tests.(n) "Investigation report" includes an LEA investigation report issued pursuant to section 4631(e), an LEA amended investigation report issued pursuant to section 4632(f), or a Department investigation report issued pursuant to section 4664.(o) "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.(p) "Local educational agency (LEA)" means any public school district and county office of education or charter school, as applicable, unless otherwise stated in law.(q) "Mediation" means a local problem solving activity whereby a third party assists the parties to the dispute in resolving the complaint.(r) "Misassignment" means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.(s) "Pupil fee" shall have the same definition as found in Education Code section 49010(b).(t) "Reasonable efforts" means a public school's good faith attempts to identify and fully reimburse all pupils, parents and guardians who paid a pupil fee within one year prior to the filing of the complaint.(1) Reasonable efforts to identify pupils who paid a pupil fee include but are not limited to researching existing school records, contacting pupils who were enrolled in or participating in the educational activity during the time the pupil fee was charged, and considering submissions of proof of payment of the pupil fee.(2) Reasonable efforts to fully reimburse all pupils, parents and guardians who paid a pupil fee include but are not limited to crediting the pupil's school financial account and sending reimbursement by first class mail to the pupil's last known primary address as contained in school or LEA records. If the school has knowledge that a pupil's last known address as contained in school or LEA records is no longer valid, the school may attempt to obtain a more recent address from any notices returned to the school or local educational agency by the United States Postal Service.(u) "SSPI" or "Superintendent" means the State Superintendent of Public Instruction or the SSPI's designee.(v) "Subject matter competency" means the teacher meets the applicable requirements of chapter 6, article 1, subchapter 7 of these regulations, commencing with section 6100, for the course being taught.(w) "Sufficient textbooks or instructional materials" means that each pupil, including English learners, has a textbook or instructional materials, or both, to use in class and to take home but does not require two sets of textbooks or instructional materials for each pupil. Sufficient textbooks or instructional materials does not include photocopied sheets from only a portion of a textbook or instructional materials copied to address a shortage.(x) "Teacher vacancy" means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester.Cal. Code Regs. Tit. 5, § 4600
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
3. Change without regulatory effect amending subsection (l) filed 6-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).
4. Amendment of section and NOTE filed 9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
5. Amendment of section and NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
6. Change without regulatory effect amending subsection (e) filed 8-12-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 33). Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Sections 200, 201, 210.1, 220, 234.1, 17002(d), 17592.72, 33126(b)(5)(A), 33126(b)(5)(B), 49010, 49013 and 60010, Education Code; and Section 11135, Government Code.
1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
3. Change without regulatory effect amending subsection ( l) filed 6-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).
4. Amendment of section and Note filed 9-17-2013; operative 1-1-2014 (Register 201 3, No. 38).
5. Amendment of section and Note filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).
6. Change without regulatory effect amending subsection (e) filed 8-12-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 33).