SENATE AMENDMENT
    Bill No. CS for SB 2-D
    Amendment No. ___   Barcode 950880
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Sullivan moved the following amendment:
12  
13         Senate Amendment 
14         On page 215, line 28, after the period, to page 216,
15  line 30 delete those lines
16  
17  and insert:   Upon receipt of notification from the State
18  Board of Education that a charter school applicant is filing
19  an appeal, the Commissioner of Education shall convene a
20  meeting of the Charter School Appeal Commission to study and
21  make recommendations to the State Board of Education regarding
22  its pending decision about the appeal.  The commission shall
23  forward its recommendation to the state board no later than 7
24  calendar days prior to the date on which the appeal is to be
25  heard.  The State Board of Education shall by majority vote
26  accept or reject the decision of the district school board no
27  later than 60 calendar days after an appeal is filed in
28  accordance with State Board of Education rule.  The Charter
29  School Appeal Commission may reject an appeal submission for
30  failure to comply with procedural rules governing the appeals
31  process.  The rejection shall describe the submission errors.
                                  1
    9:45 AM   04/03/02                              s0002D.ed22.6q

SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 950880 1 The appellant may have up to 15 calendar days from notice of 2 rejection to resubmit an appeal that meets requirements of 3 State Board of Education rule. An application for appeal 4 submitted subsequent to such rejection shall be considered 5 timely if the original appeal was filed within 30 calendar 6 days after receipt of notice of the specific reasons for the 7 district school board's denial of the charter application. 8 The State Board of Education shall remand the application to 9 the district school board with its written decision that the 10 district school board approve or deny the application. The 11 district school board shall implement the decision of the 12 State Board of Education. The decision of the State Board of 13 Education is not subject to the provision of the 14 Administrative Procedure Act, Chapter 120. 15 (c) The district school board shall act upon the 16 decision of the State Board of Education within 30 calendar 17 days after it is received. The State Board of Education's 18 decision is a final action subject to judicial review. 19 (d)1. A Charter School Appeal Commission is 20 established to assist the commissioner and the State Board of 21 Education with a fair and impartial review of appeals by 22 applicants whose charters have been denied or whose charter 23 contracts have not been renewed by their sponsors. 24 2. The Charter School Appeal Commission may receive 25 copies of the appeal documents forwarded to the State Board of 26 Education, review the documents, gather other applicable 27 information regarding the appeal, and make a written 28 recommendation to the commissioner. The recommendation must 29 state whether the appeal should be upheld or denied and 30 include the reasons for the recommendation being offered. The 31 commission shall forward the recommendation to the State Board 2 9:45 AM 04/03/02 s0002D.ed22.6q
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 950880 1 of Education no later than 7 calendar days prior to the date 2 on which the appeal is to be heard. The state board must 3 consider the commission's recommendation in making its 4 decision, but is not bound by the recommendation. The 5 decision of the Charter School Appeal Commission is not 6 subject to the provisions of the Administrative Procedure Act, 7 chapter 120. 8 3. The commissioner shall appoint the members of the 9 Charter School Appeal Commission. Members shall serve without 10 compensation but may be reimbursed for travel and per diem 11 expenses in conjunction with their service. One-half of the 12 members must represent currently operating charter schools and 13 one-half of the members must represent school districts. The 14 commission or a named designee shall chair the Charter School 15 Appeal Commission. 16 4. The chair shall convene meetings of the commission 17 and shall ensure that the written recommendations are 18 completed and forwarded in a timely manner. In cases where the 19 commission cannot reach a decision, the chair shall make the 20 written recommendation with justification, noting that the 21 decision was rendered by the chair. 22 5. Commission members shall thoroughly review the 23 materials presented to them from the appellant and the 24 sponsor. The commission may request information to clarify 25 the documentation presented to it. In the course of its 26 review, the commission may facilitate the postponement of an 27 appeal in those cases where additional time and communication 28 may negate the need for a formal appeal and both parties 29 agree, in writing, to postpone the appeal to the State Board 30 of Education. A new date certain for the appeal shall then be 31 set based upon the rules and procedures of the State Board of 3 9:45 AM 04/03/02 s0002D.ed22.6q
SENATE AMENDMENT Bill No. CS for SB 2-D Amendment No. ___ Barcode 950880 1 Education. Commission members shall provide a written 2 recommendation to the state board as to whether the appeal 3 should be upheld or denied. A fact-based justification for 4 the recommendation must be included. The chair must ensure 5 that the written recommendation is submitted to the State 6 Board of Education members no later than 7 calendar days prior 7 to the date on which the appeal is to be heard. Both parties 8 in the case shall also be provided a copy of the 9 recommendation. 10 11 (Redesignate subsequent sections.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 9:45 AM 04/03/02 s0002D.ed22.6q