(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.
Notes of Decisions
Donovan v. Poway Unified Sch. Dist., 167 Cal. App. 4th 567 (Cal. Ct. App. 2008).
“In contrast to Government Code section 11139, Education Code section 262.3, subdivision (b) speaks in terms of “civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders.”
Garcia v. Los Banos Unified Sch. Dist., 418 F. Supp. 2d 1194 (E.D. Cal. 2006).
“ly provides that complainants may appeal the district's action to the California Department of Education, requires the Superintendent to ensure that complainants are informed that other civil law remedies may also be available, and requires this information to be published with…”
Gay-Straight All. Network v. Visalia Unified Sch. Dist., 262 F. Supp. 2d 1088 (E.D. Cal. 2001).
“” Cal. Edu.Code § 262.3(b). Because the enforcement provision does not limit the type of remedies allowed to a complainant, pursuant to California Government Code section 818, public entities such as Defendant, VISALIA UNIFIED SCHOOL DISTRICT, are immune from exposure to…”
W. v. Santa Rosa City Schs. (N.D. Cal. 2025).
· cites it 4× “24 Cal. Educ. Code § 262.3 (d). The applicable regulations further provide that: “A complaint of 25 26 pleading because it is moot.”
Brennon B. v. Super. Ct., 57 Cal. App. 5th 367 (Cal. Ct. App. 2020).
· cites it 2× “(Ed. Code, § 262.3, subd. (b); see Donovan, supra, 167 Cal.”
R.N. v. Travis Unified Sch. Dist. (E.D. Cal. 2020).
“See Cal. Educ. Code § 262.3 (d) (“Notwithstanding any other provision 21 of law, a person who alleges he or she is a victim of discrimination may not seek civil remedies 22 pursuant to this section until at least 60 days have elapsed from the filing of an appeal to the State 23…”
W. v. Santa Rosa City Schs. (N.D. Cal. 2025).
“11 15 ¶ A; Cal. Educ. Code § 262.3 (d) (“The moratorium imposed by this subdivision does not apply to 16 injunctive relief .”
Cal. Education Code § 262.3(b): 1 case
Gay-Straight All. Network v. Visalia Unified Sch. Dist., 262 F. Supp. 2d 1088 (E.D. Cal. 2001).
“” Cal. Edu.Code § 262.3(b). Because the enforcement provision does not limit the type of remedies allowed to a complainant, pursuant to California Government Code section 818, public entities such as Defendant, VISALIA UNIFIED SCHOOL DISTRICT, are immune from exposure to…”
Cal. Education Code § 262.3(c): 1 case
W. v. Santa Rosa City Schs. (N.D. Cal. 2025).
“24 Cal. Educ. Code § 262.3 (d). The applicable regulations further provide that: “A complaint of 25 26 pleading because it is moot.”
Cal. Education Code § 262.3(d): 1 case
W. v. Santa Rosa City Schs. (N.D. Cal. 2025).
“24 Cal. Educ. Code § 262.3 (d). The applicable regulations further provide that: “A complaint of 25 26 pleading because it is moot.”
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