9.3 - OST, Toddler & Preschool Appeal Process

OST & Toddler Appeal Process

Appeal to the California Department of Social Service (CDSS) in the event of the expulsion or suspension of a child. 

In the event where EED expels or suspends a child, EED will: 

• Issue the child’s parent or guardian a written Notice of Action, with the exception that the effective date of the action may be no less than 24 hours after service of the notice. 
• Provide a copy of the NOA to the parent or legal guardians at least 24 hours before the suspension may go into effect.
• At the same time will inform the parent or guardian in writing of their right to file an appeal of the action directly with the department no later than 14 calendar days after receipt of the notice. Because the action to suspend or expel a child involves persistent and serious behaviors that impact the safety of children, the action shall not be enforced during the appeal process.
• Families have the right to appeal this decision to the California Department of Social Services (CDSS) within 14 calendar days of receiving the notice.
• Our full suspension and expulsion procedures follow WIC section 10491.1 to support the well-being of all children and families.

Preschool Appeal Process

Appeal to the California Department of Education (CDE) in the event of the expulsion or suspension of a child. 

In the event where EED expels or suspends a child, EED will:

• Issue the child’s parent or legal guardian a written Notice of Action (NOA)
• Since the action to suspend or expel a child involves persistent and serious behaviors impacting the safety of children, the child may not attend the program during the appeal process.
• The effective date of the action may be no less than 24 hours after service of the notice. 
• At the same time will issue a NOA, inform the parent or guardian in writing of their right to file an appeal of the action to expel or suspend their child directly with the CDE by submitting a written request for an appeal hearing to EEDappeals@cde.ca.gov, no later than 14 calendar days after receipt of the notice. 

Note: This is a change to current requirements. State law now includes a specific appeal procedure for the suspension and expulsion of children in CSPP, which differs from the procedure required in 5 CCR Section 17785.

Requesting a Hearing to Appeal the Agency’s Actions

Families have the right to request a local hearing if they disagree with an action outlined in an NOA. Here's how the process works:

1. Filing a Request:
   • Families must submit a written request for a hearing within 14 days of receiving the NOA.
   • The appeal form is located on the back of the NOA.
2. Interpreter Services:
   • If needed, you can request an interpreter when submitting your hearing request.
3. Continuation of Services:
   • Your child’s services will continue as usual until the hearing process is complete.
4. Hearing Details:
   • Within 10 calendar days of receiving your request, EED staff will notify you of the hearing’s time and place.
   • Whenever possible, the hearing will be scheduled at a time that works best for you.
5. During the Hearing:
   • You will have the chance to explain why you believe the decision was incorrect and provide any relevant documents.
   • School staff may also share supporting information.
   • If you do not attend, the appeal will be considered withdrawn, and the process will end.
6. Decision Timeline:
   • A written decision will be sent to you within 10 calendar days of the hearing.

If you have questions or need assistance with the process, please feel free to reach out to your school’s staff.

Requesting an Appeal of the Hearing Decision

If you disagree with the decision made by the hearing officer, you can ask the State Department of Education, Early Education Division to review the decision. You must submit your appeal within 14 calendar days of receiving the decision.

To request an appeal, you will need to provide:

1. A written statement explaining why you believe the decision was incorrect.
2. A copy of the agency’s decision letter.
3. A copy of both sides of the Notice of Action (NOA).

If you need help with the appeal process, please contact your school’s staff for assistance. 

Appeal for Preschool (CSPP)

The appeal may be either faxed to 916-313-6853 or mail your appeal to the following address: 

California Department of Education 

Early Education Division 

1430 N Street, Suite 3410 

Sacramento, CA 95814 

Attn: Appeals Coordinator 

Phone:916-322-6233 

Appeal for Out of School Time/Toddler (CCTR)

The appeal may be either faxed to 916-654-1048 or mail your appeal to the following address:

California Department of Social Services

Community Care Licensing Division

744 P Street, MS 9-8-351

Sacramento, CA 95814

Attn: Appeals Coordinator

Within 30 calendar days after the receipt of the appeal, the CDE/CDSS will issue a written decision. If your appeal is denied, SFUSD EED will stop providing child care and development services immediately upon receipt of the CDE/CDSS’ decision letter.

Please remember to review and sign the acknowledgement receipt form confirming that you have received a copy of the EED Family Handbook and the Notification of Parent's Rights and Personal Rights. This signed acknowledgment should be returned to the person assisting you in completing your child's enrollment into the Early Education Department.