Q. What is an open public comment period and how do I determine when it begins?
A. An open public comment period is the period within which anyone can submit public comments on a proposed regulation.
Every Notice of Proposed Rulemaking (Notice) for the California Department of Education (CDE), State Board of Education (SBE), and the State Superintendent of Public Instruction (SSPI) is published in the California Regulatory Notice Register (Register) (Outside Source). You have 45 days from the date the Notice is published in the Register to submit your written comments to the Regulations Coordinator.
The publication date of the Notice can also be found at the top of CDE’s Notice, underneath the title of the regulation, or directly to the right of the Notice listed on the CDE’s Proposed Rulemaking & Regulations Page. The Notice also specifies when the opportunity to comment in writing on the initial proposed rulemaking action ends.
Q. Where and to whom do I submit written comments on proposed regulations?
A. Written comments are only accepted and reviewed by CDE staff during an open public comment period. All written comments can be submitted to the Regulations Coordinator by regular mail at 1430 N Street, Room 5319, Sacramento, California, 95814; or by fax at (916) 319-0155; or by e-mail at firstname.lastname@example.org.
Modifications to initial rulemaking actions (e.g., 15-Day Notice, Second 15-Day Notice, Third 15-Day Notice, etc.) are also listed on the CDE's Web site. The 15-Day Notices provide the public with information as to when the public comment period begins and ends and specifies where and to whom the comments must be directed (email@example.com).
Q. How and where can I submit oral comments?
A. Oral comments can be submitted at the public hearing conducted by CDE staff. Each Notice listed on the CDE’s Web site provides the date, time, and location of the scheduled public hearing. Oral comments are only accepted at the public hearing or during an SBE meeting, not via telephone. When a public hearing is held, the testimony given by individuals at the hearing is not debated nor are questions answered.
If you would like to attend a public hearing on a specific proposed rulemaking action, please visit the CDE’s Proposed Rulemaking & Regulations Web page and view the appropriate Notice for dates, times, and locations.
Q. Can I make an oral presentation at the State Board meeting on a regulation up for action or adoption?
A. Persons wishing to address the SBE on a subject (i.e. amendment, repeal, or adoption of a regulation) to be considered at a particular meeting are asked to notify the SBE Office by telephone, (916) 319-0827, or fax (916) 319-0175, by 12:00 PM (noon) of the third working day before the scheduled meeting/hearing, stating the subject they wish to address, the organization they represent (if any), and the nature of their testimony. The presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed. View current and past agendas for the SBE.
Q. I submitted written comments and I don’t see them posted on the CDE's Web site and I have never received a response from CDE. Why?
A. The Administrative Procedures Act does not require that the CDE provide an oral or writtenreturn response to the commentor. However, if you submitted public comments in a timely manner, your comments will be summarized in a document called the Final Statement of Reasons (FSR). This document is submitted to the Office of Administrative Law (OAL) in the rulemaking file. The FSR must demonstrate that each relevant, timely comment has been considered. Once the rulemaking file has been completed and has been sent to OAL, anyone may request a copy of the FSR.
Q. How can I be notified of regulations being sent out by the CDE or the SBE?
A. The CDE has an “interested parties” mailing list of individuals who have requested notification of all regulations that will be placed in the California Notice Registry. If you would like to have your name added to this list, send an e-mail to firstname.lastname@example.org, stating your name and an e-mail address to which a copy of the regulatory action can be sent.
Q. Who do I contact if I have a question with regards to the content of the regulations?
A. Questions on the content of the regulations that are available for public comment should be directed to the program contact identified in the public Notice found on the CDE’s Proposed Rulemaking & Regulations Web page.