1. (a) An appeal is a process where an LEA ELPAC coordinator and/or site ELPAC coordinator requests that the CDE take one of the actions specified in subdivisions (b)(1)-(4) due to an event that occurred during the online test administration of the test to a pupil.

2. (b) The following appeals may be requested by the LEA ELPAC coordinator and/or site ELPAC coordinator;

   1. (1) test reopened;
   2. (2) test reset;
   3. (3) test restore; or
   4. (4) grace period extension.
3. (c) The LEA ELPAC coordinator and/or site ELPAC coordinator must submit an appeal to address a test security breach or testing irregularity as defined in the TAMs.
4. (d) All appeals will be reviewed by the CDE and the CDE has authority to approve or deny the appeal. The CDE will evaluate whether an appeal has an effect on the integrity, validity, test security, and/or interpretation of the test results.

Note: Authority cited: Sections 306, 313, 33031 and 60810, Education Code. Reference: Sections 313 and 60810, Education Code.

History

1. New section filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day.

2. Editorial correction restoring inadvertently omitted section (Register 2020, No. 3).

3. New section refiled 1-17-2020 as an emergency; operative 1-29-2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-17-2020 order transmitted to OAL 12-12-2019 and filed 1-27-2020; Certificate of Compliance operative 1-30-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2020, No. 5).