Legal Resources | Title 5 | 1 | T5 4600
Chapter 5.1. Uniform Complaint Procedures Subchapter 1. Complaint Procedures Article 1. Definitions General Definitions
(b) "Beginning of the year or semester" means the first day classes necessary to serve all the students enrolled are established with a single designated certificated employee assigned for the duration of the class, but not later than 20 working days after the first day students attend classes for that semester.
(c) "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 in programs and activities funded directly by the state or receiving any financial assistance from the state.
(d) "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. If the complainant is unable to put the complaint in writing, due to conditions such as a disability or illiteracy, the public agency shall assist the complainant in the filing of the complaint.
(e) "Complaint investigation" means an administrative process used by the Department or local educational agency for the purpose of gathering data regarding the complaint.
(f) "Complaint procedure" means an internal process used by the Department or local educational agency to process and resolve complaints.
(g) "Days" means calendar days unless designated otherwise.
(h) "Department" means the California Department of Education.
(i) "Direct state intervention" means the steps taken by the Department to initially investigate complaints or effect compliance.
(j) "Educational institution" means a public or private preschool, elementary, or secondary school or institution, the governing board of a school district, or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools.
(k) "Facilities that pose an emergency or urgent threat to the health or safety of pupils or staff" means a condition as defined in paragraph (1) of subdivision (c) of section 17592.72 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) "Local agency" means a school district governing board or 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.
(o) "Local educational agency" (LEA) includes any public school district and county office of education or direct-funded charter school.
(p) "Mediation" means a problem solving activity whereby a third party assists the parties to the dispute in resolving the complaint.
(q) "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.
(r) "Public agency" means any local agency or state agency.
(s) "State agency" means the State Departments of Mental Health or Health 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 section 7570 et seq.
(t) "State mediation agreement" means a written, voluntary agreement approved by the Department, which is developed by the parties to the dispute, which resolves the allegations of the complaint.
(u) "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.
(v) "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.
(w) "Superintendent" means the Superintendent of Public Instruction or his or her designee.
(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.
Authority cited:
Education Code 221.1
Education Code 33031
Government Code 11138
Reference:
Education Code 200
Education Code 201
Education Code 210.1
Education Code 220
Education Code 17002
Education Code 17592.72
Education Code 33126(b)(5)(A)(B)
Education Code 60010
Government Code 11135
Government Code 11138
(Amended By Register 2008, No. 25.)