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Due Process Requirement for the Free Preschool Program

Clients Request for a Hearing and Procedures

If a parent disagrees with an action, the parent(s) may file a request for a hearing with the contractor within fourteen (14) calendar days of the date the Notice of Action was received. Upon the filing of a request for hearing, the intended action shall be suspended until the review process has been completed. The review process is complete when the appeal process has been exhausted or when the parent(s) abandons the appeal process.

Within ten (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).

The hearing shall be conducted by an administrative staff person who shall be referred to as "The hearing officer." The hearing officer shall be a staff member in higher authority than the staff person who made the contested decision.

The parent(s) or parent's authorized representative 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. Only persons directly affected by the hearing shall be allowed to attend.

The contractor shall arrange for the presence of an interpreter at the hearing, if one is requested by the parent(s).

The hearing officer shall explain to the parents(s) the legal, regulatory, or policy basis for the intended action.

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).

The hearing officer shall mail or deliver to the parent(s) a written decision within ten (10) calendar days after the hearing.

Appeal Procedure for CDD Review

If the parent disagrees with the written decision from the contractor, the parent has fourteen (14) calendar days in which to appeal to the California Department of Education, Child Development Division (CDD). If the parent(s) do(es) not submit an appeal request to the CDD within fourteen (14) calendar days, the parents' appeal process shall be deemed abandoned and the contractor may implement the intended action.

The parent(s) shall specify in the appeal request the reason(s) why he/she believes the contractor's decision was incorrect. A copy of the contractor's notice of intended action and written decision shall be submitted by the parent(s) with the appeal request.

Upon receipt of an appeal request, the CDD may request copies of the basic data file and other relevant materials from the contractor. The CDD may also conduct any investigations, interview, or mediation necessary to resolve the appeal.

The decision of the CDD shall be mailed or delivered to the parent(s) and to the contractor within thirty (30) calendar days after receipt of the appeal request.

Contractor Compliance with CDD Decision

The contractor shall comply with the decision of the CDD immediately upon receipt thereof. The contractor shall be reimbursed for child care and development services delivered to the family which is appealing during the appeals process. If a contractor's determination that a family is ineligible is upheld by the CDD, services to the family shall cease upon receipt of the CDD's decision by the contractor.