Cal. Code Regs. Tit. 5, § 4632 - Appeal of LEA Investigation Report-Grounds

(a) The complainant may appeal an LEA Investigation Report for a complaint described in section 4610(b) to the CDE by filing a written appeal within 30 days of the date of the LEA Investigation Report.

(b) In order to request an appeal, the complainant must specify and explain the basis for the appeal, including at least one of the following:

(1) The LEA failed to follow its complaint procedures, and/or

(2) Relative to the allegations of the complaint, the LEA Investigation Report lacks material findings of fact necessary to reach a conclusion of law, and/or

(3) The material findings of fact in the LEA Investigation Report are not supported by substantial evidence, and/or

(4) The legal conclusion in the LEA Investigation Report is inconsistent with the law, and/or

(5) In a case in which the LEA found noncompliance, the corrective actions fail to provide a proper remedy.

(c) The appeal shall be accompanied by:

(1) a copy of the locally filed complaint; and

(2) a copy of the LEA Investigation Report.

(d) Appeals that do not comply with subsections (a) through (c), or do not pertain to subject matter described in section 4610(b), will not be processed. The CDE will notify the appellant of the deficiencies.

(e) If the CDE determines the appeal raises issues not contained in the local complaint, the CDE will refer those new issues back to the LEA for resolution as a new complaint under section 4630 or 4631.

(f) If the CDE determines that the LEA Investigation Report failed to address an allegation raised by the complaint and subject to the UCP process, the CDE shall notify the LEA of such failure and direct the LEA to investigate and address such allegation(s) in accordance with this chapter. The LEA must provide both the CDE and the appellant with an amended investigation report that addresses the complaint allegation(s) that was not addressed in the original Investigation Report within 20 days of such notification. The amended report must also inform the appellant of the right to separately appeal, in accordance with this section, the amended investigation report with respect to the complaint allegation(s) that was not addressed in the original report. The CDE will proceed with its resolution of the appeal of the LEA Investigation Report as to allegations that have been addressed even while, at the same time, the LEA is preparing an amended investigation report as to any allegation(s) that the CDE identified as not having been addressed.

Notes

Cal. Code Regs. Tit. 5, § 4632

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Renumbering of former section 4632 to section 4633 and renumbering of former section 4652 to section 4632, including new article 4.5 heading, and amendment of section heading, section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 200 5, No. 52).
3. Amendment of article heading, section heading, section and NOTE filed 9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
4. Amendment of article heading, section heading, section and NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).

Note: Authority cited: Sections 200, 221.1, 33031 and 33315, Education Code. Reference: 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. Renumbering of former section 4632 to section 4633 and renumbering of former section 4652 to section 4632, including new article 4.5 heading, and amendment of section heading, 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 article heading, section heading, section and Note filed 9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
4. Amendment of article heading, section heading, section and Note filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).