Legal Resources | Title 5 |  1 |  T5  4632  

Appeal of Local Educational Agency Decision ñ Grounds   

Previous Next

(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 Department 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 Department determines the appeal raises issues not contained in the local complaint, the Department will refer those new issues back to the local educational agency for resolution as a new complaint under section 4630 or 4631.

(e) If the Department determines that the Decision failed to address an issue raised by the complaint, the Department shall refer the matter to the local educational agency to make the necessary findings and conclusions on any issue not addressed. The local educational agency 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 CFR 106.8

34 CFR 299.10(a)(2)

(Renumbered by Register 2005, No. 52.)