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Legal Resources | Title 5 |  T5  80072  

Appeal Upon Failure to Pass Subject Matter Examination.   

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The Commission will consider appeals presented in writing by applicants who have failed to attain the passing score standard established by the Commission when the appellant can verify evidence of meeting the following appeal standards:

(a) Within 30 days after a score report for a written examination has been received for any certificate or credential issued by the Commission, an unsuccessful applicant may file a petition of appeal with the Executive Secretary on the grounds of fraud, discrimination, or clerical error in scoring, or other grounds of extraordinary improper acts or circumstances which were reported to the test supervisor at the time of the administration of the examination and which a reasonable person could agree deprived the candidate of a fair chance to take and pass the examination; except that mere failure to pass an examination which has been successfully passed by other applicants shall not be grounds for appeal. Candidates are encouraged to report any extraordinary improper test administration acts or circumstances to the Commission.

(b) The petition shall be in writing and shall state the facts information or circumstances upon which the appeal is based and in sufficient detail to identify the examination and persons involved. The petition shall be signed and dated by the applicant, and shall include the following statement: "I certify under penalty of perjury that the facts stated herein are true and correct."

(c) The petition may include other relevant information including the petitioner's academic record, letters of recommendation and other facts upon which the Commission might reasonably conclude that, but for the grounds for appeal alleged, the petitioner would have demonstrated all qualifications required by law for such credential or certificate.

(d) The petition, with the Executive Secretary's recommendation with respect thereto, shall be granted or denied by the Commission on the basis of the verified facts presented in the petition. The Commission may order reexamination of the petitioner upon all or any portion of the examination appealed from with or without further examination fee.

(e) An applicant who fails a subject matter examination and who does not meet the standards may appeal by requesting to be examined by a board of examiners. Such examination, if feasible, may be an oral examination by a board of examiners, as specified in Section 80075. Such an appeal shall be in writing and shall include all of the following:

(1) Verification that appellant has failed the examination and does not meet the standards; and

(2) Agreement by the appellant to pay the costs of impaneling and operating the board of examiners

Authority cited:

Education Code 44225

Education Code 44252

Reference:

Education Code 44280

Education Code 44281

Education Code 44310

Education Code 44345(a)

(Amended by Register 82, No. 45.)