Statutes, codes, and regulations
California Code Of Regulations
Title 5 - EducationDivision 1 - California Department of EducationChapter 5.1 - Uniform Complaint ProceduresSubchapter 1 - Complaint Procedures
Article 5 - State Complaint Procedures
Section 4640 - Filing a State Complaint that Has Not First Been Filed at the Local Educational Agency (LEA); Time Lines, Notice, Appeal Rights

Cal. Code Regs. tit. 5 § 4640

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 4640 - Filing a State Complaint that Has Not First Been Filed at the Local Educational Agency (LEA); Time Lines, Notice, Appeal Rights
(a) If a complaint is erroneously filed with the CDE without first being filed with and investigated by the LEA, the CDE shall immediately forward the complaint to the LEA for processing in accordance with article 4 of this chapter, unless extraordinary circumstances exist necessitating direct state intervention as described at section 4650.
(b) The CDE will notify the complainant in writing that:
(1) The CDE does not have jurisdiction, at this time, over the complaint and that the complaint should have been filed with the LEA in the first instance;
(2) That the complaint has been transferred to the LEA requesting the LEA to process and investigate the allegation in the complaint; and
(3) That the complainant may file an appeal to the CDE following the issuance of the LEA Investigation Report, pursuant to section 4632.

Cal. Code Regs. Tit. 5, § 4640

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
3. Amendment of section heading, section and NOTE filed 9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
4. Amendment of section and NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).

Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Sections 200 and 220, Education Code; Sections 11135 and 11136, Government Code; and 34 C.F.R. Sections 106.8 and 299.10(a)(2).

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
3. Amendment of section heading, section and Note filed 9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
4. Amendment of section and Note filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).