Frequently Asked QuestionsFrequently Asked Questions on Submitting Written and/or Oral Comments on Proposed Regulations.
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). You have minimum of 45 days from the date the Notice is published in the Register to submit your written comments via email, fax, or regular mail 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 web page. The Notice also specifies when the public comment period on the 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) 322-2549; or by email at email@example.com.
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 website. 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.
Q. How and where can I submit oral comments?
A. Oral comments can be submitted at the public hearing conducted by CDE staff. The public hearing may scheduled in person or, if available, via video conference.
Each Notice listed on the CDE’s website provides the date, time, and location of the scheduled public hearing. Oral comments are only accepted during the public hearing, not via telephone. When a public hearing is held, the testimony given by individuals at the hearing is not debated nor are questions answered regarding the proposed regulations. Questions can be asked about the regulation process.
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 the date, time, and location of the public hearing. If video conferencing is available, the information to access the meeting will be provided in the Notice.
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.
The comments made at the SBE meetings are considered by the SBE members for their decision to take action, i.e., approving a 15-day public comment period, and are not part of the APA process. Thus, the comments made at the SBE public hearing are not included in the final rulemaking file.
Q. I submitted written comments and I don’t see them posted on the CDE's website and I have never received a response from CDE. Why?
A. The Administrative Procedures Act, which defines the process for amending regulations, does not require that the CDE provide an oral or written response to the commenter or that the comments are posted to the CDE website. 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 final rulemaking file alog with the submitted public comment. The FSR must demonstrate that each relevant, timely comment has been considered. Once the rulemaking file has been completed and sent to OAL, anyone may request a copy of the FSR. All public comments are subject to disclosure under the California Public Records Act.
Q. How can I be notified of regulations being sent out by the CDE, SSPI 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 email to firstname.lastname@example.org, stating your name and an email 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.