Program Decision Complaints (Appeal Process):
Parents enrolled in state subsidized programs have the right to a fair and unbiased hearing if they disagree with a proposed action. Upon receipt of an on-time request for an appeal hearing, the intended action will be suspended and child care services will continue until the appeal process has been completed, with the exception of children who have been suspended or expelled. In the event a child is suspended or expelled due to persistent and serious behaviors that impact the safety of children, the child may NOT attend the program during the appeal process. The review process is complete when the appeal process has been exhausted or when the parent abandons the appeal process. The Appeal Hearing process is as follows: Step 1: Request for Appeal Hearing
The request for hearing may be submitted by mail, in person, phone or e-mail to: San Bernardino County Superintendent of Schools Attention: Hearing Officer 1950 S. Sunwest Lane, Suite #300
Request for an appeal hearing must be filed within 14 calendar days after the participant receives the Notice of Action (NOA). A request must include the effective date of the NOA, parent name, phone number, full address, explanation why parent disagrees with the agency’s action and date the request is signed. Step 2: Schedule Hearing Within 10 days of receiving a parent’s hearing request, the parent will be notified of the time and place of the hearing. To the extent possible, the hearing date and time will be convenient for the parent(s). The hearing shall not be scheduled more than 14 calendar days from the date the hearing officer contacts the parent to schedule the hearing. In the event that a parent or parent’s Authorized Representative cannot keep the scheduled hearing date/time, the parent must notify the Hearing Officer in advance of the hearing date/time. A parent may request to re-schedule the hearing date 1 time.
San Bernardino, CA 92408 Telephone (909) 387-8517 StatePreschool@sbcss.net
In the event that the action taken is due to child suspension or expulsion , a request for an appeal hearing is sent directly to the State Department (Skip to Step 5)
Step 3: Conduct Hearing The hearing will be conducted by an administrative staff person who shall be referred to as "the hearing officer." In the event that a parent is unable to attend the hearing at the designated location accommodations will be arranged and agreed upon between the parent and hearing officer. For any hearing not conducted in person, verification of parent identity will be required, along with prior submission of documentation. The hearing will be recorded. During the hearing, the parent or Authorized Representative will have an opportunity to provide support documentation and explain the reasons that they disagree with the proposed action indicated by the referenced NOA should not be carried out. This will be a formal hearing, and the parent must comply with the directions of the hearing officer during the course of the hearing. Failure to comply with directions will result in the hearing being ended and the contested action being taken. A parent designating an Authorized Representative to be present must inform the agency in writing prior to the hearing. Please do not bring people to the hearing unless they are a designated Authorized Representative. No children are allowed to be present during the hearing. For failure to appear, it will be deemed that parent has abandoned the appeal and care ends immediately.
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