(1)Acting pursuant
to its supervisory power as provided in section 1 of article IX of the state
constitution, the state board, upon receipt of a notice of appeal or upon its own
motion, may review decisions of any local board of education concerning the denial
of a charter school application, the nonrenewal or revocation of a charter school's
charter, or the unilateral imposition of conditions on a charter applicant or a charter
school, in accordance with the provisions of this section. Any disputes arising with
regard to governing policy provisions of a charter school's charter contract shall be
resolved as provided in section 22-30.5-107.5. A local board of education's refusal
to review a charter application constitutes a denial of the charter application and is
appealable as
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(1) Acting pursuant
to its supervisory power as provided in section 1 of article IX of the state
constitution, the state board, upon receipt of a notice of appeal or upon its own
motion, may review decisions of any local board of education concerning the denial
of a charter school application, the nonrenewal or revocation of a charter school's
charter, or the unilateral imposition of conditions on a charter applicant or a charter
school, in accordance with the provisions of this section. Any disputes arising with
regard to governing policy provisions of a charter school's charter contract shall be
resolved as provided in section 22-30.5-107.5. A local board of education's refusal
to review a charter application constitutes a denial of the charter application and is
appealable as a denial pursuant to the provisions of this section.
(2) A charter applicant or any other person who wishes to appeal a decision
of a local board of education concerning the denial of a charter application or the
nonrenewal or revocation of a charter or the unilateral imposition of conditions on a
charter applicant or a charter school, shall provide the state board and the local
board of education with a notice of appeal or of facilitation within thirty days after
the local board's decision. The person bringing the appeal shall limit the grounds of
the appeal to the grounds for the denial of a charter application or the nonrenewal
or revocation of a charter, or the unilateral imposition of conditions on a charter
applicant or charter school, whichever is being appealed, specified by the local
board of education. The notice shall include a brief statement of the reasons the
appealing person contends the local board of education's denial of a charter
application or nonrenewal or revocation of a charter, or imposition of conditions on
a charter applicant or charter school was in error.
(2.5) If a district court dismisses a case for lack of jurisdiction and the case
involves a charter application, or the nonrenewal or revocation of a charter, or the
unilateral imposition of conditions on a charter applicant or charter school, the
thirty-day period for filing a notice of appeal or of facilitation described in
subsection (2) of this section shall be tolled until the date of dismissal by the court.
(3) If the notice of appeal, or the motion to review by the state board, relates
to a local board's decision to deny a charter application or to refuse to renew or to
revoke a charter or to a local board's unilateral imposition of conditions that are
unacceptable to the charter applicant or the charter school, the appeal and review
process shall be as follows:
(a) Within sixty days after receipt of the notice of appeal or the making of a
motion to review by the state board and after reasonable public notice, the state
board shall review the decision of the local board of education and make its
findings. If the state board finds that the local board's decision was contrary to the
best interests of the pupils, school district, or community, the state board shall
remand such decision to the local board of education with written instructions for
reconsideration thereof. Said instructions shall include specific recommendations
concerning the matters requiring reconsideration.
(b) Within thirty days following the remand of a decision to the local board of
education and after reasonable public notice, the local board of education, at a
public hearing, shall reconsider its decision and make a final decision. If the local
board of education decides to approve the charter application or decides not to
unilaterally impose the condition, the local board of education and the charter
applicant shall complete the charter contract within ninety days following the
remand of the state board's decision to the local board of education.
(c) Following the remand, if the local board of education's final decision is
still to deny a charter application or to unilaterally impose the condition on a
charter applicant or if the local board of education's final decision is still to refuse
to renew or to revoke a charter or to unilaterally impose conditions unacceptable to
the charter school, a second notice of appeal may be filed with the state board
within thirty days following such final decision.
(d) Within thirty days following receipt of the second notice of appeal or the
making of a motion for a second review by the state board and after reasonable
public notice, the state board, at a public hearing, shall determine whether the final
decision of the local board of education was contrary to the best interests of the
pupils, school district, or community. If such a finding is made, the state board shall
remand such final decision to the local board with instructions to approve the
charter application, or to renew or reinstate the charter or to approve or disapprove
the conditions imposed on the charter applicant or the charter school. The decision
of the state board shall be final and not subject to appeal.
(3.5) In lieu of a first appeal to the state board pursuant to paragraph (a) of
subsection (3) of this section, the parties may agree to facilitation. Within thirty
days after denial of a charter application or nonrenewal or revocation of a charter
or unilateral imposition of conditions on a charter applicant or a charter school by
the local board of education, the parties may file a notice of facilitation with the
state board. The parties may continue in facilitation as long as both parties agree to
its continued use. If one party subsequently rejects facilitation, and such rejection
is not reconsidered within seven days, the local board of education shall reconsider
its denial of a charter application or nonrenewal or revocation of a charter and make
a final decision as provided in paragraph (b) of subsection (3) of this section. The
charter applicant may file a notice of appeal with the state board as provided in
paragraph (c) of subsection (3) of this section within thirty days after a local board
of education's final decision to deny a charter application, to refuse to renew or to
revoke a charter, or to unilaterally impose conditions on a charter applicant or a
charter school.
(4) (Deleted by amendment, L. 2004, p. 1578, � 7, effective June 3, 2004.)
(5) Nothing in this section shall be construed to alter the requirement that a
charter school be a part of the school district that approves its charter application
and charter contract and be accountable to the local board of education pursuant
to section 22-30.5-104 (2).