(a) The hearing officer shall determine, based on the totality of the evidence, whether a preponderance of the evidence supports the CDE's findings of noncompliance and the determination that withholding of funds is appropriate in the particular circumstances of the case. The hearing officer's decision shall be the final decision of the CDE.
(b) If the State Superintendent of Public Instruction (SSPI) determines, subsequent to withholding funds, that an LEA has made substantial progress toward compliance with the state law, federal law, or regulations governing the provision of special education and related services to individuals with exceptional needs, the SSPI may apportion the state or federal funds previously withheld to the LEA.
Education Code 33031
Education Code 56845
(Amended by Register 2012, No. 39.)