§ 22-30.5-107.5 — Dispute resolution - governing policy provisions - appeal

Colorado § 22-30.5-107.5

• Jurisdiction: Colorado
• Title 22: Education
• Art.: Charter Schools

Text

(1)
Except as otherwise provided in section 22-30.5-108, any disputes that may arise
between a charter school and its chartering school district concerning governing
policy provisions of the school's charter contract shall be resolved pursuant to this
section.

(2) (a) A charter school or its chartering school district may initiate a
resolution to any dispute concerning a governing policy provision of the school's
charter contract by providing reasonable written notice to the other party of an
intent to invoke this section. Such notice shall include, at a minimum, a brief
description of the matter in dispute and the scope of the disagreement between the
parties.

(b) Within thirty days after receipt of the written notice described in
paragraph (a) of this subsection (2), the charter school and the school district shall
agree to use any form of alternative dispute resolution to resolve the dispute,
including but not limited to any of the forms described in the Dispute Resolution
Act, part 3 of article 22 of title 13, C.R.S.; except that any form chosen by the
parties shall result in final written findings by a neutral third party within one
hundred twenty days after receipt of such written notice.

(c) The neutral third party shall apportion all costs reasonably related to the
mutually agreed upon dispute resolution process.

(3) (a) A charter school and its chartering school district may agree to be
bound by the written findings of the neutral third party resulting from any
alternative dispute resolution entered into pursuant to subsection (1) of this section.
In such case, such findings shall be final and not subject to appeal.

(b) If the parties do not agree to be bound by such written findings of the
neutral third party, the parties may appeal such findings to the state board. A party
who wishes to appeal such findings shall provide the state board and the other
party with a notice of appeal within thirty days after the release of such findings,
and the notice of appeal shall contain a brief description of the grounds for appeal.
The state board may consider said written findings or other relevant materials in
reaching its decision and may, on its own motion, conduct, after sufficient notice, a
de novo review of and hearing on the underlying matter.

(4) The state board shall:

(a) Issue its decision on the written findings of the neutral third party
resulting from any alternative dispute resolution entered into pursuant to
subsection (1) of this section within sixty days after receipt of the notice of appeal;
or

(b) Make its own findings within sixty days after making its own motion for a
de novo review and hearing described in paragraph (b) of subsection (3) of this
section.

(5) If the state board, after motion by one of the parties and sufficient notice
and hearing, finds that either of the parties to an alternative dispute resolution
process held pursuant to this section has failed to participate in good faith in such
process or has refused to comply with the decision reached after agreeing to be
bound by the result of such process, the state board shall resolve the dispute in
favor of the aggrieved party.

(6) Any decision by the state board pursuant to this section shall be final and
not subject to appeal.

Legislative History

Source: L. 99: Entire section added, p. 1255, � 3, effective June 2. L. 2002: Entire section R&RE, p. 1001, � 1, effective June 1.