Cal. Code Regs. tit. 5 § 4664

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 4664 - Department Investigation Report

(a) In cases of direct state intervention, the CDE shall issue a Department Investigation Report. The Department Investigation Report shall include the following:

(1) A summary of the allegations in the complaint;

(2) A description of the general procedures of the investigation;

(3) Citations of applicable law and regulations;

(4) Department findings of facts;

(5) Department conclusions;

(6) Corrective actions for the LEA or other public agency as defined in section 3200, if applicable;

(7) Time line for corrective actions, if applicable;

(8) Notice that any party may request reconsideration of the Department Investigation Report from the Superintendent within 30 days of the date of the report;

(9) For those federal programs for which there is a right to appeal to the United States Secretary of Education, the parties shall be notified of that right.

(b) The CDE must issue a written Department Investigation Report to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the time line or the CDE documents exceptional circumstances and informs the complainant, or the matter has been resolved at the local level or judicially decided.

Cal. Code Regs. Tit. 5, § 4664

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and NOTE filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
3. Amendment of 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 and 221, Education Code; Sections 11135 and 11136, Government Code; and 34 C.F.R. Sections 106.8 and 299.10(a)(2).

1. New section filed 8-26-91; operative 9-25-91 (Register 92, No. 3).
2. Amendment of section and Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4(Register 2005, No. 52).
3. Amendment of section and Note filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).