1. (B) For institutions meeting the numeric threshold specified in paragraph (A), Commission staff will consider the criteria outlined in subdivisions (c) and (d) to determine whether the cohort's performance is not representative of the institution's overall performance and provide a recommendation to the Commission as to whether the Commission should approve or deny the appeal.
2. (3) Commission staff will notify an appealing institution once staff’s preliminary review is complete. Institutions will be notified in writing within six to eight weeks after the appeal was submitted pursuant to section 30048. If staff determines the appeal meets the criteria to be presented to the Commission, a representative of the appealing institution may attend the public Commission meeting to present the appeal.
3. (b) An institution whose appeal is granted will regain Cal Grant eligibility for the upcoming academic year. Denied appeal requests of the Commission are final.

4. (c) For an institution that fails to meet Three-year Cohort Default Rate standards, and Commission staff verify the cohort size is 20 individuals or less, the Commission will consider the following in determining whether the cohort performance is not representative of the institution's overall performance:

   1. (1) The institution's record of meeting Three-year Cohort Default Rate standards in the last five years; and
   2. (2) The institution's actions taken to improve their Three-year Cohort Default Rate.

5. (d) For an institution that fails to meet Graduation Rate standards, and Commission staff have verified its cohort size is 20 individuals or less, the Commission will consider the following in determining if the cohort performance is not representative of the institution's overall performance:

   1. (1) Whether the institution's Overall Graduation Rate is over 30 percent; and
   2. (2) The institution's actions taken to improve their Graduation Rate.

(a)(1) Commission staff will complete a preliminary review of a submitted Appeal Certification Form and Formal Letter of Appeal to verify the institution meets appeal eligibility and filing requirements and determine if the appeal warrants Commission review.

(2)(A) Commission staff will determine whether the institution's cohort size - used to calculate either the institution's Three-year Cohort Default Rate or the institution's Graduation Rate - is 20 students or less. Staff will make an independent ministerial determination of the cohort size for an appeal submitted pursuant to this Article.

Note: Authority cited: Section 69432.7, Education Code. Reference: Section 69432.7, Education Code.

History

1. New section filed 9-21-2021; operative 1-1-2022 (Register 2021, No. 39). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.