(1) A copy of the original complaint;
(2) A copy of the Decision;
(3) A summary of the nature and extent of the investigation conducted by the local educational agency, if not covered in the Decision;
(4) A copy of the investigation file, including but not limited to, all notes, interviews and documents submitted by the parties or gathered by the investigator;
(5) A report of any action taken to resolve the complaint;
(6) A copy of the local educational agency complaint procedures; and
(7) Such other relevant information as the Department may request.
(b) The Department shall not receive evidence from the parties that could have been presented to the local educational agency investigator during the investigation, unless requested by the Department. Any confidential information or pupil information in the investigative file shall remain confidential and shall not be disclosed by the Department.
(c) The Department may contact the parties for further information, if necessary.
(d) The Department shall review the investigation file, the summary of the nature and extent of the investigation conducted by the local educational agency, the complaint procedures, documents and any other evidence received from the local educational agency and determine whether substantial evidence exists:
(1) That the local educational agency followed its complaint procedures; and
(2) That the relevant findings of fact in the Decision which are the subject of the appeal are supported by the evidence.
(e) The Department shall review the conclusions of law which are the subject of the appeal and determine whether they are correct.
(f) If the Department determines that the Decision is deficient because it lacks findings of fact and conclusions of law regarding the subject of the appeal, the Department may return the Decision to the local educational agency in order to correct the deficiencies within 20 days of the return.
(g) If the Department finds that the Decision is supported by substantial evidence, and that the legal conclusions are not contrary to law, the appeal shall be denied.
(h) If the Department finds the grounds for the appeal have merit:
(1) The Department may, if there is a lack of substantial evidence or a procedural defect in the investigation, remand the investigation to the local educational agency for further investigation of the allegations which are the subject of the appeal; or
(2) The Department may issue a decision based on the evidence in the investigation file received from the local educational agency; or
(3) If the Department determines that it is in the best interest of the parties, conduct a further investigation of the allegations which are the basis for the appeal and issue a decision following further investigation.
(i) If the Department finds merit in the appeal, the Department's decision on appeal shall contain the following:
(1) A finding that the local educational agency complied or did not comply with its complaint procedures;
(2) The Department's findings of fact and conclusions of law regarding the issue on appeal; and
(3) Where a determination is made that the local educational agency failed to comply with the applicable state or federal law or regulation, remedial orders and/or required actions to address the violation(s).
Authority cited:
Government Code 221.1
Government Code 33031
Government Code 11138
Reference:
Education Code 200
Education Code 220
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.)