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§ 3204. Reconsideration of CDE Investigation Report.

5 CA ADC § 3204BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 5. Education
Division 1. California Department of Education
Chapter 3. Individuals with Exceptional Needs
Subchapter 1. Special Education
Article 9. Filing of a Complaint
5 CCR § 3204
§ 3204. Reconsideration of CDE Investigation Report.
(a) Within 30 days of the date of the CDE Investigation Report, either party may request reconsideration by the SSPI or the SSPI's designee. The request for reconsideration shall specify and explain why:
(1) Relative to the allegation(s) of the complaint, the CDE Investigation Report lacks material findings of fact necessary to reach a conclusion of law; and/or
(2) The material findings of fact in the CDE Investigation Report are not supported by substantial evidence; and/or
(3) The legal conclusion in the CDE Investigation Report is inconsistent with the law; and/or
(4) In a case in which the CDE found noncompliance, the required corrective actions fail to provide a proper remedy.
(b) In evaluating or deciding on a request for reconsideration, the CDE will not consider any information not previously submitted to the CDE by a party during the investigation unless such information was unknown to the party at the time of the investigation and, with due diligence, could not have become known to the party.
(c) Subsection (b) does not prohibit the CDE, at its discretion, from seeking and obtaining additional information from any source necessary to issue an accurate CDE Investigation Report.
(d) This section does not prohibit the CDE from making any corrections to an Investigation Report necessary to ensure factual and legal accuracy.
(e) Within 60 days of the receipt of the request for reconsideration, the CDE shall respond in writing to the parties. Such response may include a denial of the request for reconsideration, or modifications to the investigative report necessary to ensure factual and legal accuracy. Pending the CDE's response to a request for reconsideration, any corrective actions set forth in the report remain in effect and enforceable, unless stayed by a court.
Note: Authority cited: Sections 33315 and 56500.2, Education Code. Reference: Sections 33315 and 56500.2, Education Code; and 34 C.F.R. Sections 300.151-300.153.
HISTORY
1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
This database is current through 9/11/20 Register 2020, No. 37
5 CCR § 3204, 5 CA ADC § 3204
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