California Education Code 51228.3 – (a) A complaint of noncompliance with the requirements of …
(a) A complaint of noncompliance with the requirements of Section 51228.1 or 51228.2 may be filed with the 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.
(b) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to 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, and shall receive a decision regarding the appeal within 60 days of the department’s receipt of the appeal.
Terms Used In California Education Code 51228.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(c) If a local educational agency finds merit in a complaint filed pursuant to subdivision (a), or the Superintendent finds merit in an appeal made pursuant to subdivision (b), the local educational agency shall provide a remedy to the affected pupil.
(d) The Superintendent shall prepare an annual report detailing actions taken pursuant to this section. By January 1 of each year, the Superintendent shall submit the report to the appropriate fiscal and policy committees of the Legislature.
(e) The Superintendent shall have all power and authority necessary to effectuate the requirements of this section. The Superintendent shall develop regulations for adoption by the state board that set forth the procedures governing this section.
(Added by Stats. 2015, Ch. 703, Sec. 3. (AB 1012) Effective January 1, 2016.)