(a) Except for complaints under sections 4681 and 4682 regarding instructional materials and teacher vacancies or misassignments, a complainant may appeal a Decision to the CDE by filing a written appeal within 15 days of receiving the Decision.
(b) The complainant shall specify the basis for the appeal of the Decision and whether the facts are incorrect and/or the law is misapplied.
(c) The appeal shall be accompanied by:
(1) a copy of the locally filed complaint; and
(2) a copy of the Decision.
(d) 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.
(e) If the CDE determines that the Decision failed to address an issue raised by the complaint, the CDE shall refer the matter to the LEA to make the necessary findings and conclusions on any issue not addressed. The LEA will address the issue within 20 days from the date of the referral.
Authority cited:
Education Code 200
Education Code 221.1
Education Code 33031
Government Code 11138
Reference:
Government Code 11135
Government Code 11136
Government Code 11138
34 C.F.R. 106.8
34 C.F.R. 299.10(a)(2)
(Amended by Register 2013, No. 38.)