§ 4633. Appeal of LEA Investigation Report.
5 CA ADC § 4633Barclays Official California Code of Regulations
5 CCR § 4633
§ 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:
(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.
(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
(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.
Credits
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).
History
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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 5, § 4633, 5 CA ADC § 4633
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