SECTIONS 260-262.4 - California Statutes

EDUCATION CODE

SECTION 260-262.4

260. 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.

261. The provisions of this chapter shall be implemented pursuant
to existing regulations and procedures promulgated pursuant to
Section 11138 of the Government Code, governing the filing and
handling of written complaints of prohibited discrimination.

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) 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 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.

262.4. This chapter may be enforced through a civil action.