Section 3088.2 - Enforcement and Withholding of Funds(a) The hearing officer shall determine, based on the totality of the evidence, whether a preponderance of the evidence supports the CDE's findings of noncompliance and the determination that withholding of funds is appropriate in the particular circumstances of the case. The hearing officer's decision shall be the final decision of the CDE.(b) If the State Superintendent of Public Instruction (SSPI) determines, subsequent to withholding funds, that an LEA has made substantial progress toward compliance with the state law, federal law, or regulations governing the provision of special education and related services to individuals with exceptional needs, the SSPI may apportion the state or federal funds previously withheld to the LEA.Cal. Code Regs. Tit. 5, § 3088.2
1. New section filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
2. Change without regulatory effect amending section and NOTE filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39). Note: Authority cited: Section 33031, Education Code. Reference: Section 56845, Education Code.
1. New section filed 1-10-2005; operative 2-9-2005 (Register 2005, No. 2).
2. Change without regulatory effect amending section and Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).