Transcript Slide 1

PARENT RIGHTS AND
PARENT APPEAL PROCESS FOR
EESD CONTRACTORS
Presenters: Cliff Marcussen,
Executive Director, Options
Candy Meade,
Subsidized Department Coordinator, Options
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Background on why MB 13-04
and the new NOAs were issued
Legal advocate concerns and agencies
not following parental rights, AB 596,
problems with the old NOA form
and need for clarifications and more
consistency in the field.
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The Starting Point-Sending a NOA
6 new NOA forms on the EESD web site
 What goes into a NOA?
a. relevant facts-the basis for the action.
b. citation of relevant law or regulation
sections.
c. conclusion-the action that the agency is
taking.
d. effective date of action (14 or 19 days
after date issued/mailed).
e. if correctable, exactly how to correct.
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Include parent’s right to appeal,
deadline date for agency to
receive appeal
Use back side of the NOA form, fill in
both the deadline date in the top section
and Step 2 information.
 Form includes Authorized Representative
box, request for interpreter box, notice
that parent can request a recording.
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NOAs-home language of parent, if
possible
EESD web site includes Spanish, Chinese,
Hmong, Korean, Tagalog (Filipino),
Vietnamese.
 If not, then add a note in home language
re: extremely important and the notice
effects their child care.

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Translation

Agencies are required to notify parents
that they may request translators, and to
provide translators at hearings if
requested. Easiest way for some
translations is to contract with an “overthe-phone” translation company.
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Receiving an Appeal
Any method-verbal, phone, fax, email, hand
deliver, etc.
 Agency cannot require parent to use CDE
form.
 Agency should log in appeals (esp. verbal or
phone), using a numbered log.
 Parent must appeal within 14 days of
receiving (19 days if mailed).
 Authorized Representative (AR) can file
appeal.

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Scheduling and Hearing Notice
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Within 10 calendar days, notify parent of hearing
date, time and place [CCR 5, 18120 (c)].
But, agency can agree to reasonable
postponement (adopt agency policy, case note).
Convenient for parent, if possible-including
rescheduling.
Be flexible: on-site, phone, Skype, etc. (agency
policy good). Alternatives should be by agreement
with parent or AR.
Parent or AR must appear, or appeal is
abandoned.
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File Review

Parent or AR may review the family file
any time prior to the hearing (or appeal
to EESD).
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Authorized Representative
Parent must authorize in writing
(Cliff would accept email, fax).
 Can be anyone (inc. spouse, friend,
lawyer).
 If AR attends, parent is not required to
attend [CCR 5, 18120(e)]
 EESD has form on web site, agency
cannot require this form.
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Hearing Officer
Staff level higher than person who made
decision [CCR 5, 18120(d)].
 EESD also accepts Board member or
appropriate staff member from another
agency-esp. for small agencies.
 At beginning of hearing-explain facts and
legal basis (laws, regulations) that agency
used as basis for their action [in part,
CCR 5, 18120(h)].
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Hearing
Parent or AR must have time to explain
their position [CCR 5, 18120 (i)].
 Cliff’s advice: Hearing officer should ask
parent or AR what action/change they
want.
 Agency representative should present
why they believe their action is right, inc.
facts [CCR 5, 18120(i)].
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Hearing- Continued
EESD encourages informal process, more
discussion-like.
 Parent or AR can ask questions, inc. of
agency staff at hearing.
 Parent or AR can submit documents,
bring relevant witnesses.
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“Support People”, children, at
Hearing?
No clear rule. Agency should adopt a
reasonable policy. Agency policy can also
exclude these people.
 If agency allows, Hearing Officer or policy
can require they do not talk for the
parent or AR.
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Decision Letter- by Hearing Officer
State facts (as determined by Officer).
 State decision (uphold agency, find for
parent, mixed decision, other).
 Decision based on information presented
at hearing (inc. NOA); plus laws and
regulations.
 Cliff: Hearing Officer should not be
investigating after hearing, but may review
laws and regs.
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Decision Letter- by Hearing Officercontinued
Write at 8th grade level.
 Should be in parent’s home language, if
possible (or put in note in home
language).
 In decision letter, include information on
how to appeal to the State, deadline date
for receipt at the State (14 days from date
on decision letter).
See Step 6 of Appeal form.
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Parent’s Appeal to the State
Must be timely (EESD) actually allows 19
days from date on decision letter).
 Copy of both sides of original NOA.
 Copy of decision letter.
 Statement why parent or AR disagrees
with the Hearing Officer decision.
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EESD should contact agency for
information
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Cliff’s advice: Decision letter should fully
present basis for decision, don’t rely on
explaining the decision later to EESD.
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Continuing Services during Appeal
Yes, if parent requests. Continue services to the
date appeal is abandoned, or agency receives
State appeal decision letter.
 Abandoned includes;
a. Effective date (14/19 days) is reached without an
appeal to the agency.
b. Neither parent or AR attends hearing.
c. Parent does not appeal Hearing Officer decision
to EESD. (Agency can call EESD on 20th day
after date on decision letter to ask if they
received an appeal).
 Agency claims child days of enrollment during
continuation period, including absence days.
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An “Appropriate Record” must
be made of Agency level hearing
Wide variety of alternatives.
 If parent or AR request recording, agency
should have recording capability. A simple
tape recorder is OK.
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What NOT to do
Don’t use NOA to inform parent of
recertification date, or missing
information paperwork.
 Don’t use NOA to bill parent fees.
 Don’t use NOA to “warn” parents
(NOAs are for actions, decisions).
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Rescinding NOAs
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Agencies may rescind, no requirement to use
a NOA form to rescind.
If a mistake was made on a NOA-rescind old
NOA, issue new correct NOA (the 14/19
day period starts over with the new NOA).
If rescinded, ask yourself if a new NOA is
needed to notify parents of services they can
receive-not always needed (e.g. termination
for non-payment of parent fees).
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Parent Handbook

Describe the parent’s rights, agency’s
appeal procedures and relevant agency
policies (e.g., where to send appeals,
policy on postponements/rescheduling).
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Parent Appeal Information Pamphlet
On EESD web site.
 Can give to parents, use for staff training.
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New NOAs
On EESD web site- six different NOAs.
 The old NOA form (rev. 8/11) is still on
web site.
CDD and Cliff recommend you use the
new NOAs.
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