Cal. Code Regs. Tit. 5, § 4635 - Reconsideration of the CDE's Appeal Decision

(a) Within 30 days of the date of the CDE's appeal Decision pursuant to section 4633(f)(2) or (3), either party may request reconsideration by the Superintendent or the Superintendent's designee. The request for reconsideration shall specify and explain the reason(s) for contesting the findings of fact, conclusions of law, or corrective actions in the appeal Decision.

(b) In evaluating or deciding on a request for reconsideration, the Superintendent will not consider any information not previously submitted to the CDE by a party during the appeal unless such information was unknown to the party at the time of the appeal and, with due diligence, could not have become known to the party.

(c) Within 60 days of the receipt of the request for reconsideration, the Superintendent or the Superintendent's designee shall respond in writing to the parties. Such response may include a denial of the request for reconsideration, or modifications to the CDE appeal Decision necessary to ensure factual and legal accuracy. Pending the Superintendent's response to a request for reconsideration, the CDE appeal Decision remains in effect and enforceable, unless stayed by a court.

Notes

Cal. Code Regs. Tit. 5, § 4635

1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).

Note: Authority cited: Sections 221.1, 33031 and 33315, Education Code. Reference: Section 33315, Education Code.

1. New section filed 5-21-2020; operative 7/1/2020 (Register 2020, No. 21).