SJCA Handbook » Appeals to the California Department of Education

Appeals to the California Department of Education

Appeals to the California Department of Education


If the complainant is dissatisfied with the district’s decision, the complainant may appeal in writing to the CDE within 15 calendar days of receiving the district’s decision. When appealing to the CDE, the complainant must specify the basis for the appeal of the decision and whether the facts are incorrect and/or the law has been misapplied. The appeal shall be accompanied by a copy of the locally filed complaint and a copy of the district’s decision.

Upon notification by the CDE that the complainant has appealed the district’s decision, the Superintendent or designee shall forward the following to the CDE:

(1) A copy of the original complaint;

(2) A copy of the District’s decision;

(3) A summary of the nature and extent of the investigation conducted by the district, if not covered in the District’s decision;

(4) A copy of the investigation file including, but not limited to, all notes, interviews, and documents submitted by the parties and gathered by the investigator;

(5) A report of any action taken to resolve the complaint;

(6) A copy of the District’s complaint procedures; and

(7) Such other relevant information as requested by the CDE

The CDE may directly intervene in the complaint without waiting for action by the district when one of the conditions listed in 5 CCR 4650 exists. In addition, the CDE may also intervene in those cases where the district has not taken action within 60 calendar days of the date the complaint was filed with the district.