Parent Appeals Child Development Division CALIFORNIA DEPARTMENT OF EDUCATION Tom Torlakson, State Superintendent of Public Instruction
Parent Appeal Team TOM TORLAKSON State Superintendent Appeal Coordinators Manager of Public Instruction SUSAN JUST SOPHIA AGUILAR (916) 323-1324 ( 916 ) 323-2211 AMANDA CORCHADO (916) 319-0374 Education Administrator PATY MUNOZ (916) 322-5939 NANCY REMLEY LUIS ZANARTU (916) 445-7349 (916) 323-1327 2
Notice of Action (NOA) TOM TORLAKSON State Superintendent •NOA, Application for Services of Public Instruction •NOA, Recipient of Services •NOA Regulations - Title 5, Sections 18094, 18095, 18118, 18119 3
NOA NOA Step 5 Revised 08/11: TOM TORLAKSON State Superintendent of Public Instruction •CDD Phone Number •CDD Fax Number •14 Calendar Day Requirement (CDD still adds 5 days for mailing) 18121(a)(b) 4
NOA, Application for Services (initial enrollment) TOM TORLAKSON State Superintendent of Public Instruction • Approval of Services (initial application) Title 5, Section 18094(a)(b) • Denial of Services (initial application) Title 5, Section 18094(a)(c) • Issued w/in 30 calendar days from date parent signs the initial application for services Title 5, Section 18118 • Includes appeal process instructions Title 5, Sections 18120 and 18121 5
NOA, Recipient of Services • Recertification TOM TORLAKSON • Update/Changes State Superintendent of Public Instruction • Termination Title 5, Sections 18095 and 18119 • Describe the action and include a statement of reason(s) Title 5, Section 18095(h)(i)(j) • Appeal process instructions Title 5, Sections 18120 and 18121 6
NOA, Recipient of Services What is a statement of reasons? TOM TORLAKSON State Superintendent of Public Instruction • Describes why the action is necessary • Specifies the legal, regulatory, or policy basis for the NOA • Use box 7 on the NOA Title 5, section 18095(h)(i)(j) 7
APPEAL PROCESS REGULATIONS 18118 – Issue NOA w/in 30 calendar days of date TOM TORLAKSON State Superintendent of Public Instruction parent signs the application for services 18119 – When to issue a NOA, effective date 18120 – Local level appeal timeframe and hearing process requirements 18121 – CDD appeal timeframe and procedures 18122 – Contractor compliance with CDD decision, reimbursement for services during the appeal process 8
LOCAL LEVEL APPEAL •Parents have 14 calendar days from TOM TORLAKSON State Superintendent of Public Instruction their receipt of the NOA to appeal to the contractor •Contractors should add 5 calendar days when mailing the NOA •Suspend the action on the NOA during the appeal process 18119(b), 18120(a)(b) 9
LOCAL LEVEL APPEAL •Notify the parent of the hearing w/in 10 calendar days after receiving the TOM TORLAKSON State Superintendent of Public Instruction appeal request •Time and place of hearing should be convenient for the parent •Only persons directly affected shall be permitted to attend •Provide an interpreter if requested 18120(c)(f)(g) 10
LOCAL LEVEL APPEAL •Parent or authorized representative TOM TORLAKSON State Superintendent of Public Instruction must attend •Failure to attend the hearing is considered abandonment •Abandonment gives the contractor authority to implement the NOA 18120(b)(e) 11
LOCAL LEVEL APPEAL Hearing Officer Requirements TOM TORLAKSON • Not involved in issuing the NOA State Superintendent of Public Instruction • Higher level authority than the person who issued the NOA • Understand the statutes and regulations 18120(d) 12
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 18120(d)(j) 13
LOCAL LEVEL APPEAL Hearing Officer Requirements During the Hearing: TOM TORLAKSON 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 omitted by the parent • Inform parent of next steps in the appeal process 14 18120(h)(i)
LOCAL LEVEL APPEAL Writing a Decision Letter TOM TORLAKSON State Superintendent The hearing officer should consider: of Public Instruction • Reason for NOA (box 7) • Parent(s) written and verbal statement(s) • Staff response at the hearing 18094(c)(1), 18095(h)(i)(j), 18120(a)(i) 15
LOCAL LEVEL APPEAL Writing a Decision Letter The hearing officer should consider: TOM TORLAKSON State Superintendent of Public Instruction • Regulations and policies • Authority for the NOA • Documentation in the family’s file 18105, 18221, 18222, 18120(h), need and eligibility statutes and regulations 16
CDD APPEAL PROCEDURES • Parents have 14 calendar days to appeal to TOM TORLAKSON the CDD State Superintendent of Public Instruction • The CDD adds 5 additional calendar days for the parent to submit their appeal • Parents must submit NOA, local decision letter, and reason • Failure to appeal timely and complete is abandonment 18121(a)(b)(c)(d) 17
CDD APPEAL PROCEDURES • Determine timeliness and completeness TOM TORLAKSON State Superintendent • Require contractor to submit documents of Public Instruction from family data file • Review and consider all documents submitted during the appeal process • Final decision letter w/in 30 calendar days • Copy of decision sent to hearing officer 18121(a)(b)(c)(d)(e)(f) 18
CDD APPEAL PROCEDURES TOM TORLAKSON • Contractor will comply with CDD State Superintendent of Public Instruction decision upon receipt • Contractor reimbursed for services provided during the appeal process 18122(a)(b)(c) 19
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