California Code of Regulations
Title 5 - Education
Division 1 - California Department of Education
Chapter 3 - Individuals with Exceptional Needs
Subchapter 1 - Special Education
Article 9 - Filing of a Complaint
Section 3201 - Scope

Universal Citation: 5 CA Code of Regs 3201

Current through Register 2024 Notice Reg. No. 28, July 12, 2024

This article applies to complaints that allege that an LEA or, as applicable, other public agency, violated any of the following provisions:

(a) Part B of the IDEA, and federal regulations implementing Part B; or

(b) Part 30 of the Education Code, and this subchapter.

(c) Additionally, this article applies to those complaints in which:

(1) The complainant alleges that an LEA or other public agency has violated the terms of a settlement agreement relating to the provision of a free, appropriate public education. An allegation relating to an attorney fees provision in a settlement agreement is expressly excluded from the article.

(2) The complainant alleges that the LEA or other public agency has failed or refused to implement a due process hearing order to which that LEA or other public agency is subject.

(3) The complainant alleges that a public agency, other than an LEA, as specified in Government Code sections 7570 through 7587, fails or refuses to comply with a law or regulation applicable to that public agency as it pertains or relates to the provision of a free appropriate public education to individuals with disabilities.

(4) The complainant alleges facts that indicate that physical safety concerns interfere with the provision of a free appropriate public education.

1. New 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.

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