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(6.16) What happens if I disagree with the district’s investigation decision?

(6.16) What happens if I disagree with the district’s investigation decision?

You may appeal directly to the CDE for review of the local decision within 15 days after you receive the district’s final written decision. [5 C.C.R. Sec. 4632(a).]

When appealing a district decision, your complaint to CDE must set out the reasons for appealing. The appeal must include a copy of the original complaint and a copy of the local district decision. [5 C.C.R. Secs. 4632(b)-(c).]

If CDE finds that the school district failed to address one or more of your issues, it will refer those back to the district for investigation, which should be completed within 20 days. [5 C.C.R. Sec. 4632(e).]

The district must forward to CDE a complete copy of its investigation file. The CDE generally limits its review to the local investigation file, but may contact the parties for further information. If the Department finds that the district’s decision is supported by “substantial evidence” and that the district followed proper complaint investigation procedures, it will deny the appeal. If the local decision is not supported by substantial evidence or the required procedures were not followed, CDE may send the complaint back to the district for further investigation, or issue a decision based on the evidence in the file, or conduct more investigation itself and issue a decision on the complaint. [5 C.C.R. Sec. 4633.]