Cal. Code Regs. Tit. 5, § 4650 - Basis of Direct State Intervention

(a) The CDE may at its discretion directly intervene without waiting for an LEA investigation if one or more of the following situations exist:

(1) The complaint includes an allegation that an LEA failed to comply with the complaint procedures required by this chapter and its local rules and regulations, including, but not limited to, the failure or refusal of the LEA to cooperate with the investigation;

(2) The complainant requests anonymity because the complainant would be in danger of retaliation and would suffer immediate and irreparable harm if the complainant filed a complaint with the LEA (except for complaints identified in section 4630(e), which may be filed anonymously at the local level);

(3) The complainant alleges that the LEA failed or refused to implement the final LEA Investigation Report resulting from its local investigation or local mediation agreement or a CDE appeal Decision;

(4) The complainant alleges that through no fault of the complainant, no action has been taken by the LEA within 60 calendar days of the date the complaint was filed. Prior to direct intervention, the CDE shall attempt to work with the LEA to allow it to complete the investigation and issue an LEA Investigation Report; or

(5) The complainant alleges that the complainant would suffer immediate and irreparable harm as a result of an application of a district-wide policy that is in conflict with state or federal law covered by this chapter, and that filing a complaint with the LEA would be futile.

(b) The CDE shall directly intervene without waiting for LEA investigation if the complaint alleges that an agency that is not an LEA violated laws relating to a Child Care and Development program;

(c) The complaint shall identify the basis, as described in subdivision (a) or subdivision (b) above, for filing the complaint directly to the CDE. The complainant must present the CDE with evidence that supports the basis for the direct filing.

Notes

Cal. Code Regs. Tit. 5, § 4650

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of 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).
5. Change without regulatory effect amending subsection (a)(2) filed 8-12-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 33).

Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Sections 200, 220 and 49013, 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 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).
5. Change without regulatory effect amending subsection (a)(2) filed 8-12-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 33).