Section 17785 - Appeal Procedure for Early Education Division Review(a) If the parent disagrees with the written decision from the contractor, the parent has 14 calendar days from the date the decision was received by the parent in which to appeal to the Early Education Division. A decision is deemed to be received by the parent on the day the parent was personally served with the decision or the date the decision was electronically transmitted to the parent, on the date following the sending of the letter if sent via overnight delivery service or five days following the mailing of the decision, if the letter was mailed to the parent(s). The contractor shall document the method of delivery and date the decision was sent to the parent.(b) If the parent(s) do(es) not submit an appeal request to the Early Education Division within 14 calendar days from the receipt of the decision, the parents' appeal process shall be deemed abandoned and the contractor may implement the intended action.(c) The parent(s) shall specify in the appeal request the reason(s) why they believe the contractor's decision was incorrect and provide any documentation or evidence to support the parent(s) position.(d) A copy of the contractor's notice of intended action and written decision shall be submitted by the parent(s) with the appeal request.(e) Upon receipt of an appeal request, the Early Education Division may request copies of the family data file and other relevant materials from the contractor as well as may request additional information from the parent(s). The Early Education Division may also conduct any investigations, interviews or mediation that it believes are necessary to resolve the appeal. Any mediation of the appeal shall be conducted with the consent of both the parent(s) and the contractor.(f) The decision of the Early Education Division shall be sent to the parent(s) and to the contractor within 30 calendar days after receipt of the appeal request.(g) The Early Education Division shall send the appeal decision in the delivery method preferred by the parent.Cal. Code Regs. Tit. 5, § 17785
1. New 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: Section 8231, Education Code. Reference: Section 8231, Education Code.
1. New section filed 7-1-2022; operative 7/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 26).