The governing board of a school district shall have the primary responsibility for ensuring that school district programs and activities are free from discrimination based on age and the characteristics listed in Section 220 and for monitoring compliance with any and all rules and regulations promulgated pursuant to Section 11138 of the Government Code.
Article 9Enforcement
Section § 260
The school district's governing board is mainly responsible for making sure that its programs and activities don't discriminate against anyone based on age or other specific traits mentioned in another law. They also need to ensure that they follow all rules related to discrimination as set out by certain government regulations.
school district responsibility discrimination age Section 220 characteristics monitoring compliance non-discrimination rules government regulations Governing Board school activities programs Section 11138 Government Code promulgated rules equal opportunity inclusive education
Section § 262.3
If someone files a written complaint about discrimination with a school district and isn't satisfied with their action, they can appeal to the State Department of Education. People who file such complaints should also be informed that they might have civil law options like injunctions or restraining orders. You don't have to finish the school’s complaint process to use civil law remedies. However, you must wait 60 days after appealing to the State Department before taking civil legal actions, but this wait doesn't apply if you need immediate court orders like injunctions. The waiting period applies only if the school district informed you about your rights to file a complaint in a timely manner.
(a)CA Education Code § 262.3(a) 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 State Department of Education.
(b)CA Education Code § 262.3(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)CA Education Code § 262.3(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)CA Education Code § 262.3(d) Notwithstanding any other provision of law, a person who alleges that he or she is a victim of discrimination may not seek civil remedies pursuant to this section until at least 60 days have elapsed from the filing of an appeal to the State Department of Education 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 his or her right to file a complaint.
discrimination complaint appeal process State Department of Education civil law remedies injunctions restraining orders administrative process local educational agency timely notice victim of discrimination waiting period injunctive relief filing an appeal exhaustion of process informational materials
