CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2017

    Amendment No. 17 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Arza, Melvin, Kilmer, and Baxley offered the

12  following:

13

14         Amendment 

15         On page 212, line 15, through page 213, line 27,

16  remove:  all of said lines

17

18  and insert:

19         (b)  An applicant may appeal any denial of that

20  applicant's application or failure to act on an application to

21  the State Board of Education no later than 30 calendar days

22  after receipt of the district school board's decision or

23  failure to act and shall notify the district school board of

24  its appeal.  Any response of the district school board shall

25  be submitted to the State Board of Education within 30

26  calendar days after notification of the appeal.  Upon receipt

27  of notification from the State Board of Education that a

28  charter school applicant is filing an appeal, the Commissioner

29  of Education shall convene a meeting of the Charter School

30  Appeal Commission to study and make recommendations to the

31  State Board of Education regarding its pending decision about

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    File original & 9 copies    03/13/02
    hbd0005                     10:45 pm         02017-0102-550809




                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2017

    Amendment No. 17 (for drafter's use only)





  1  the appeal.  The commission shall forward its recommendation

  2  to the state board no later than 7 calendar days prior to the

  3  date on which the appeal is to be heard.  The State Board of

  4  Education shall by majority vote accept or reject the decision

  5  of the district school board no later than 60 calendar days

  6  after an appeal is filed in accordance with State Board of

  7  Education rule. The Charter School Appeal Commission may

  8  reject an appeal submission for failure to comply with

  9  procedural rules governing the appeals process. The rejection

10  shall describe the submission errors. The appellant may have

11  up to 15 calendar days from notice of rejection to resubmit an

12  appeal that meets requirements of State Board of Education

13  rule. An application for appeal submitted subsequent to such

14  rejection shall be considered timely if the original appeal

15  was filed within 30 calendar days after receipt of notice of

16  the specific reasons for the district school board's denial of

17  the charter application. The State Board of Education shall

18  remand the application to the district school board with its

19  written decision that the district school board approve or

20  deny the application. The district school board shall

21  implement the decision of the State Board of Education. The

22  decision of the State Board of Education is not subject to the

23  provisions of the Administrative Procedures Act, chapter 120.

24         (c)  The district school board shall act upon the

25  decision of the State Board of Education within 30 calendar

26  days after it is received.  The State Board of Education's

27  decision is a final action subject to judicial review.

28         (d)1.  A Charter School Appeal Commission is

29  established to assist the commissioner and the State Board of

30  Education with a fair and impartial review of appeals by

31  applicants whose charters have been denied or whose charter

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    File original & 9 copies    03/13/02
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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2017

    Amendment No. 17 (for drafter's use only)





  1  contracts have not been renewed by their sponsors.

  2         2.  The Charter School Appeal Commission may receive

  3  copies of the appeal documents forwarded to the State Board of

  4  Education, review the documents, gather other applicable

  5  information regarding the appeal, and make a written

  6  recommendation to the commissioner.  The recommendation must

  7  state whether the appeal should be upheld or denied and

  8  include the reasons for the recommendation being offered.  The

  9  commissioner shall forward the recommendation to the State

10  Board of Education no later than 7 calendar days prior to the

11  date on which the appeal is to be heard.  The state board must

12  consider the commission's recommendation in making its

13  decision, but is not bound by the recommendation.  The

14  decision of the Charter School Appeal Commission is not

15  subject to the provisions of the Administrative Procedure Act,

16  chapter 120.

17         3.  The commissioner shall appoint the members of the

18  Charter School Appeal Commission.  Members shall serve without

19  compensation but may be reimbursed for travel and per diem

20  expenses in conjunction with their service.  One-half of the

21  members must represent currently operating charter schools and

22  one-half of the members must represent school districts.  The

23  commissioner or a named designee shall chair the Charter

24  School Appeal Commission.

25         4.  The chair shall convene meetings of the commission

26  and shall ensure that the written recommendations are

27  completed and forwarded in a timely manner.  In cases where

28  the commission cannot reach a decision, the chair shall make

29  the written recommendation with justification, noting that the

30  decision was rendered by the chair.

31         5.  Commission members shall throughly review the

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2017

    Amendment No. 17 (for drafter's use only)





  1  materials presented to them from the appellant and the

  2  sponsor.  The commission may request information to clarify

  3  the documentation presented to it.  In the course of its

  4  review, the commission may facilitate the postponement of an

  5  appeal in those cases where additional time and communication

  6  may negate the need for a formal appeal and both parties

  7  agree, in writing, to postpone the appeal to the State Board

  8  of Education.  A new date certain for the appeal shall then be

  9  set based upon the rules and procedures of the State Board of

10  Education.  Commission members shall provide a written

11  recommendation to the state board as to whether the appeal

12  should be upheld or denied.  A fact-based justification for

13  the recommendation must be included.  The chair must ensure

14  that the written recommendation is submitted to the State

15  Board of Education members no later than 7 calendar days prior

16  to the date on which the appeal is to be heard.  Both parties

17  in the case shall also be provided a copy of the

18  recommendation.

19

20  and renumber subsequent paragraphs

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    File original & 9 copies    03/13/02
    hbd0005                     10:45 pm         02017-0102-550809