California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 18.5 - California State Preschool Program › Subchapter 9 - Due Process › Article 2 - Due Process Requirements › Section 17784 - Parents Request for a Hearing; Rules and Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the parent disagrees with an action,
					 taken by a contractor in a Notice of Action, Application for Services or Notice
					 of Action, Recipient of Services, the parent(s) may file a request for a
					 hearing with the contractor within 14 calendar days of the date the Notice of
					 Action was received. A Notice of Action is deemed to be received by the family
					 on: the date it was provided to the family, if personally served or served by
					 electronic means; the day after it was served, if served via overnight delivery
					 service; or five days after the date it was mailed to the family, if the Notice
					 of Action was mailed. The contractor shall document the method of delivery and
					 date the Notice of Action was sent to the parent.
(b) Upon the filing of a request for hearing,
					 the intended action shall be suspended until the administrative appeal process
					 has been completed. The process is complete when the administrative appeal
					 process has been exhausted or when the parent(s) abandons the appeal
					 process.
(c) Within 10 calendar
					 days following the receipt of the request for a hearing, the contractor shall
					 notify the parent(s) of the time and place of the hearing. The time and place
					 of the hearing shall, to the extent possible, be convenient for the
					 parent(s).
(d) The hearing shall be
					 conducted by an administrative staff person who shall be referred to as "the
					 hearing officer." The hearing officer shall be at a staff level higher in
					 authority than the staff person who made the contested decision and should not
					 have participated in making the decision being contested.
(e) The parent(s) or an authorized
					 representative designated by the parent is required to attend the hearing. If
					 the parent or the parent's authorized representative fails to appear at the
					 hearing, the parent will be deemed to have abandoned his or her appeal unless
					 the parent can demonstrate to the contractor that they had good cause for their
					 failure to appear, in which case the hearing shall be rescheduled.
(f) Only persons directly affected by the
					 hearing shall be allowed to attend.
(g) The contractor shall arrange for the
					 presence of an interpreter at the hearing, if one is requested by the
					 parent(s), at no cost to the parent.
(h) The hearing officer shall explain to the
					 parent(s) the legal, regulatory, or policy basis for the intended
					 action.
(i) During the hearing, the
					 parent(s) shall have an opportunity to explain the reason(s) they believe the
					 contractor's decision was incorrect. The contractor's staff shall present any
					 material facts omitted by the parent(s) and the parent(s) shall have the right
					 to respond.
(j) The hearing officer
					 shall mail or deliver to the parent(s) a written decision within 10 calendar
					 days after the conclusion of the hearing.
1. New
						article 2 (sections
						17784-17786) and section filed
						7-1-2022; operative 7-1-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 26).
Note: Authority cited: Sections
						  8207 and
						  8231,
						  Education Code. Reference: Section
						  8208,
						  Education Code.