California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 1 - Credentials Issued Under the Teacher Preparation and Licensing Law of 1970 › Article 3 - Examinations and Subject Matter Programs › Section 80072 - Appeal upon Failure to Pass Subject Matter Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission will consider appeals presented in writing
					 by applicants who have failed to attain the passing score standard established
					 by the Commission when the appellant can verify evidence of meeting the
					 following appeal standards:
(a) Within
				  30 days after a score report for a written examination has been received for
				  any certificate or credential issued by the Commission, an unsuccessful
				  applicant may file a petition of appeal with the Executive Secretary on the
				  grounds of fraud, discrimination, or clerical error in scoring, or other
				  grounds of extraordinary improper acts or circumstances which were reported to
				  the test supervisor at the time of the administration of the examination and
				  which a reasonable person could agree deprived the candidate of a fair chance
				  to take and pass the examination; except that mere failure to pass an
				  examination which has been successfully passed by other applicants shall not be
				  grounds for appeal. Candidates are encouraged to report any extraordinary
				  improper test administration acts or circumstances to the Commission.
(b) The petition shall be in writing and
				  shall state the facts, information or circumstances upon which the appeal is
				  based and in sufficient detail to identify the examination and persons
				  involved. The petition shall be signed and dated by the applicant, and shall
				  include the following statement: "I certify under penalty of perjury that the
				  facts stated herein are true and correct."
(c) The petition may include other relevant
				  information including the petitioner's academic record, letters of
				  recommendation and other facts upon which the Commission might reasonably
				  conclude that, but for the grounds for appeal alleged, the petitioner would
				  have demonstrated all qualifications required by law for such credential or
				  certificate.
(d) The petition, with
				  the Executive Secretary's recommendation with respect thereto, shall be granted
				  or denied by the Commission on the basis of the verified facts presented in the
				  petition. The Commission may order reexamination of the petitioner upon all or
				  any portion of the examination appealed from with or without further
				  examination fee.
(e) An applicant
				  who fails a subject matter examination and who does not meet the standards may
				  appeal by requesting to be examined by a board of examiners. Such examination,
				  if feasible, may be an oral examination by a board of examiners, as specified
				  in Section 80075. Such an appeal shall be in
				  writing and shall include all of the following:
(1) Verification that appellant has failed
				  the examination and does not meet the standards; and
(2) Agreement by the appellant to pay the
				  costs of impaneling and operating the board of examiners.