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California Code, Education Code - EDC § 262.3

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a school district pursuant to this article, to the department.

(2) In accordance with Section 4650(a)(4) of Title 5 of the California Code of Regulations, pursuant to this article, a party to a written complaint of prohibited discrimination may appeal based on a governing board of a local educational agency's failure to issue an investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, directly with the Superintendent.  The complaint shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary.  Prior to direct intervention by the Superintendent, the department shall attempt to work with the local educational agency to issue a local educational agency investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, with the Superintendent.

(b) Persons who have filed a complaint, pursuant to this chapter, with an educational institution shall be advised by the educational institution that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants.  The educational institution shall make this information available by publication in appropriate informational materials.

(c) Nothing in this chapter shall be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued.

(d) Notwithstanding any other law, a person who alleges a violation of Section 220, 243, 244, 51500, 51501, or 60044 may seek civil remedies pursuant to this section after 60 days have elapsed from the filing of an appeal to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations.  The moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of their right to file a complaint.

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Cite this article: FindLaw.com - California Code, Education Code - EDC § 262.3 - last updated January 01, 2025 | https://codes.findlaw.com/ca/education-code/edc-sect-262-3/

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