California Code of Regulations
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
Section 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:

(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.