1708.1 OSSE shall conduct an administrative review requested by an educator preparation provider or subject area program alleging that OSSE has failed to follow the procedures as outlined in sections 1701 through 1706.

1708.2 The written request for administrative review shall:

1. (a) Not exceed twenty (20) double-spaced pages;
2. (b) Be limited to evidence or information previously provided to or collected by OSSE;
3. (c) Include a concise statement of the facts giving rise to the request for administrative review;
4. (d) Include a statement explaining the contention that OSSE failed to follow the outlined procedures; and
5. (e) Include a statement of the specific relief sought.

1708.3 Within ten (10) business days of receipt of a written request for administrative review, the State Superintendent, or his/her designee, shall designate a three (3) member intra-agency review panel of OSSE employees to conduct an off-site review of written documentation and materials.

1708.4 The intra-agency review panel shall not include an OSSE employee who had direct involvement in the proposed decision to deny, suspend, or revoke the approval status of the educator preparation or subject area program requesting review.

1708.5 Within thirty (30) business days of the State Superintendent's designation, the intra-agency review panel shall convene to review the written request for administrative review, the agency record, and any permissible supporting documentation.

1708.6 The intra-agency review panel may affirm or reverse the OSSE proposed action.

1708.7 The panel shall provide the educator preparation provider or subject area program with the panel's written decision, including the panel's basis for its decision, within thirty (30) business days of the convening of the panel.

1708.8 A written decision by the panel to affirm or reverse OSSE's proposed action shall be deemed the final administrative determination.

1708.9 If an educator preparation provider or subject area program fails to request administrative review within fifteen (15) business days of the date of the proposed notice to deny, suspend, or revoke its approval, then OSSE’s intended action shall become OSSE’s final administrative determination.

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022).