Section 4633 - Appeal of LEA Investigation Report(a) If the LEA Investigation Report is appealed and meets the requirements of section 4632, subdivisions (a) through (c), the CDE shall notify the LEA of the appeal. Upon notification by the CDE that the LEA Investigation Report has been appealed, the LEA shall forward the following to the CDE within 10 days of the date of notification: (1) A copy of the original complaint;(2) A copy of the LEA Investigation Report;(3) 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;(4) A report of any action taken to resolve the complaint;(5) A copy of the LEA complaint procedures; and(6) Such other relevant information as the CDE may request. An LEA's failure to provide a timely and complete response may result in the CDE ruling on the appeal without considering information from the LEA.(b) In deciding an appeal, the CDE shall not consider any information not previously presented to the LEA investigator during the investigation, unless requested by the CDE. Any confidential information or pupil information in the investigative file shall remain confidential and shall not be disclosed by the CDE, to the extent permitted by law.(c) The CDE may contact the parties for further information, if necessary.(d) The CDE shall review the investigation file, the complaint procedures, documents and any other evidence received from the LEA and determine whether:(1) The LEA followed its complaint procedures;(2) The LEA Investigation Report includes material findings of fact necessary to reach a conclusion of law on the subject of the appeal;(3) The material findings of fact in the LEA Investigation Report are supported by substantial evidence;(4) The LEA Investigation Report includes a legal conclusion(s) that is consistent with the law; and(5) In a case in which the LEA found noncompliance, the corrective actions provide a proper remedy.(e) If the CDE determines that the LEA Investigation Report meets the criteria in subsection (d) above, the appeal shall be denied.(f) If the CDE determines that the LEA Investigation Report is deficient because it does not meet the criteria in subsection (d) above, the CDE may: (1) Notify the LEA of such deficiencies and return the LEA Investigation Report to the LEA for further processing and instruct the LEA to provide both the CDE and the complainant with an amended Investigation Report within 20 days of such notification, which amended report must inform the complainant of the right to appeal in accordance with section 4632.; or(2) Issue a Decision based on the evidence in the investigation file received from the LEA; or(3) Conduct a further investigation of the allegations which are the basis for the appeal and issue a Decision.(g) An appeal decision issued by the CDE shall include the following: (1) A finding that the LEA complied or did not comply with its complaint procedures;(2) The CDE's determination as to the LEA's findings of fact and conclusions of law regarding the issue on appeal; and(3) Corrective actions as appropriate and including a remedy to the affected pupil, or in the case of complaints related to subsections (a)(1)(I), (a)(1)(J), (a)(1)(K), and (a)(1)(L) of Education Code section 33315, or as otherwise required by law, a remedy to all affected pupils, parents, and guardians. With respect to a pupil fee complaint, corrective actions shall include a remedy that comports with Education Code section 49013(d) and section 4600(t).(h) The CDE must issue a written Decision regarding an appeal-to the appellant within 60 days of the CDE's receipt of the appeal, unless extended by written agreement with the appellant, or the CDE documents exceptional circumstances and informs the appellant, or the CDE receives notice that the matter has been resolved at the local level, or the CDE receives notice that the matter has been judicially decided.Cal. Code Regs. Tit. 5, § 4633
1. Renumbering of former section 4632 to new section 4633, including amendment of section heading, section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
2. Amendment of section heading, section and NOTE filed 9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
3. Amendment of section heading, section and NOTE filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21). Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Sections 200, 220 and 49013, Education Code; Sections 11135 and 11136, Government Code; and 34 C.F.R. Sections 106.8 and 299.10(a)(2).
1. Renumbering of former section 4632 to new section 4633, including amendment of section heading, section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
2. Amendment of section heading, section and Note filed 9-17-2013; operative 1-1-2014 (Register 2013, No. 38).
3. Amendment of section heading, section and Note filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).