Parent Appeals Early Education and Support Division

Parent Appeals
Early Education and Support
Division
CALIFORNIA DEPARTMENT OF EDUCATION
Tom Torlakson, State Superintendent of Public Instruction
Parent Appeal Team
TOM TORLAKSON
State Superintendent
of Public Instruction
Appeal Coordinators
AMANDA CORCHADO
(916) 319-0374
Manager
SUSAN JUST
(916) 323-2211
PATY MUNOZ
(916) 322-5939
LUIS ZANARTU
(916) 323-1327
Education Administrator
MARGUERITE RIES
(916) 445-7349
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Parent Appeal Resources
TOM TORLAKSON
State Superintendent
of Public Instruction
•  Agency handbooks and policies
•  Agency contact information
phone, fax, e-mail
•  EESD Website Link for Parents
–  http://www.cde.ca.gov/sp/cd/ci/parentappealinformation.asp
•  EESD contact information
–  Phone number 916-322-6233
–  Fax number 916-323-6853
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Parent Appeal Resources
TOM TORLAKSON
State Superintendent
of Public Instruction
•  Notices of Action (NOA)
Translations in Chinese, Hmong, Korean, Pilipino (Tagalog) Spanish, Vietnamese
•  EESD Management Bulletin (MB)
MB 13-04 Parent Appeals
•  Frequently Asked Questions
Answers questions relating to MB 13-04 on Parent Appeals
•  Authorized Representative
Form available on EESD Website
•  EESD Parent Appeal Pamphlet
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Types of NOAs
TOM TORLAKSON
State Superintendent
of Public Instruction
•  Application for Services
–  Approval
–  Denial
•  Recipient of Services
– Change in Family Circumstances
– Delinquent Fees
– Recertification
– Termination
•  NOA Regulations
Title 5, Sections 18094, 18095, 18114, 18118, 18119
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NOA, Recipient of Services
What is a statement of reasons?
TOM TORLAKSON
State Superintendent
of Public Instruction
• Box 7 on the NOA
• Explains the reason(s) for the changes
• Explains the reason(s) for termination
• Describes why the action is necessary
• Specifies the legal, regulatory, or policy
basis for the NOA
Title 5, Section 18095(h)(i)(j)
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LOCAL LEVEL APPEAL
Tips to remember before the appeal is due
TOM TORLAKSON
State Superintendent
of Public Instruction
• Parents have 14 calendar days from their
receipt of the NOA to appeal
• Contractors allow parents 5 additional
calendar days to appeal when mailing NOA
• Suspend the action on the NOA during the
14/19 day timeframe
• Incomplete appeals received at EESD
Title 5, sections 18119(b), 18120(a)(b)
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LOCAL LEVEL APPEAL
Tips to remember after the appeal is submitted
TOM TORLAKSON
State Superintendent
of Public Instruction
• Notify the parent of the hearing w/in
10 calendar days after receiving the
appeal request
• Time and place of hearing should be
convenient for the parent
• Provide an interpreter if requested
Title 5, Section 18120(c)(f)(g)
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LOCAL LEVEL APPEAL
Tips to remember after the appeal is submitted
TOM TORLAKSON
State Superintendent
of Public Instruction
• Parent or authorized representative
must attend
• Failure to participate in or attend the
hearing is considered abandonment
• Abandonment gives the contractor
authority to implement the action on
the NOA
Title 5, Section 18120(b)(e)
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LOCAL LEVEL APPEAL
Hearing Officer Requirements
TOM TORLAKSON
State Superintendent
of Public Instruction
• Not involved in issuing the NOA
• Higher level authority than the person
who issued the NOA
• Understand the statutes and
regulations
Title 5, Section 18120(d)
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LOCAL LEVEL APPEAL
Hearing Officer Requirements
TOM TORLAKSON
State Superintendent
of Public Instruction
• Attend and conduct hearing
• Review all relevant documents
• Write and issue decision letter within
10 calendar days after hearing
Title 5, Section 18120(d)(j)
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LOCAL LEVEL APPEAL
Hearing Officer Requirements
TOM TORLAKSON
During the Hearing:
State Superintendent
of Public Instruction
• Explain authority for NOA
• Give parent an opportunity to explain
• Ensure a staff member is available to
present any facts related to the case
• Inform parent of next steps in the
appeal process
Title 5, Section 18120(h)(i)
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LOCAL LEVEL APPEAL
Writing a Decision Letter
TOM TORLAKSON
State Superintendent
of Public Instruction
The hearing officer should consider:
•  Reason for NOA (box 7)
•  Parent(s) written and verbal
statement(s)
•  Staff response at the hearing
Title 5, sections 18094(c)(1), 18095(h)(i)(j),
18120(a)(i)
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LOCAL LEVEL APPEAL
Writing a Decision Letter
TOM TORLAKSON
State Superintendent
of Public Instruction
The hearing officer should consider:
•  Regulations and policies
•  Authority for the NOA
•  Documentation in the family’s file
Title 5, sections 18094, 18095, 18105, 18221,
18222, 18120(h), all need and eligibility
regulations and statutes
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EESD APPEAL REQUIREMENTS
After local hearing letter has been sent
TOM TORLAKSON
State Superintendent
of Public Instruction
•  Parents have 14 calendar days to appeal to
the EESD
• The EESD adds 5 additional calendar days
for parents to submit their appeal
• Parents must submit NOA, local decision
letter, and reason why he/she believes
contractor decision is incorrect
• Failure to appeal timely and complete is
abandonment
Title 5, Section 18121(a)(b)(c)(d)
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EESD APPEAL REQUIREMENTS
TOM TORLAKSON
State Superintendent
of Public Instruction
•  Determines timeliness and completeness
•  Contractors wait 14/19 days from date of
local decision letter
•  Contractor may implement intended action
after confirming no EESD appeal
•  Require contractor to submit documents
from family data file
•  Review and consider all documents
submitted during the appeal process
Title 5, Section 18121(a)(b)(c)(d)(e)(f)
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ABANDONMENT
TOM TORLAKSON
State Superintendent
of Public Instruction
•  Parent/authorized representative
fails to attend local hearing
•  Parent fails to submit an appeal to
the EESD w/in 14/19 calendar
days
•  Contractor may implement the
intended action
Title 5, sections 18120(b)(e), 18121(b)
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EESD APPEAL REQUIREMENTS
TOM TORLAKSON
State Superintendent
of Public Instruction
• Final decision letter w/in 30 calendar
days
•  Copy of decision letter is sent to
parent and hearing officer
• Contractor will comply with EESD
decision upon receipt
• Contractor reimbursed for services
provided during the appeal process
Title 5, Section 18122(a)(b)(c)
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