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Chapter 11. Special Programs Subchapter 22.5. Reading First Achievement Index/Definition Of Significant Progress Appeal Process.   

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(a) For Cohort One, if an LEA fails to make significant progress after the fifth year of implementation, or for all other cohorts, if an LEA fails to make significant progress after the fourth year of implementation, CDE shall notify them in writing that they will not be funded for the next year of implementation (defunding determination). Such notice shall also include information regarding the LEA's ability to appeal the defunding determination.

(b) If an LEA chooses to appeal the defunding determination, the following process shall be adhered to:

(1) Within 30 days of receipt of the defunding determination notification, the LEA shall file a written request for appeal with the CDE. The request shall include an explanation of the basis for the appeal and any supporting documentation.

(2) Upon receipt of an LEA appeal, the CDE shall have 30 days to investigate the appeal. CDE shall have the right to request the LEA to provide additional or clarifying information. CDE shall also have the right to reasonably extend the investigation period for up to an additional 30 days, if in its opinion, more time is required to complete a thorough review of the appeal and supporting documents.

(3) Upon completion of its investigation, CDE shall make a recommendation to the SBE to either uphold or deny the LEA's appeal, including the reasons for such recommendation. CDE shall also notify the LEA that its investigation is complete and that the recommendation has been forwarded to the SBE.

(4) The SBE shall consider the recommendation at the earliest regularly scheduled SBE meeting at which the appeal can be placed on the Agenda.

(c) An LEA involved in the appeal process may continue to offer the Reading First program while the appeal is being considered and a final determination achieved.

Authority cited:

Education Code 12001

Education Code 12032

Education Code 33031


Education Code 51700

20 USC 6362 (Title I, Part B, federal No Child Left Behind Act)

(Added by Register 2006, No. 43.)