HOUSE AMENDMENT
Bill No. HB 7-D
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Richardson and Bucher offered the following:
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13 Amendment
14 On page 215, line 30 through page 218, line 22,
15 remove: all of said lines
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17 and insert: calendar days after notification of the
18 appeal. The State Board of Education shall by majority vote
19 accept or reject the decision of the district school board no
20 later than 60 calendar days after an appeal is filed in
21 accordance with State Board of Education rule. The State Board
22 of Education may reject an appeal submission for failure to
23 comply with procedural rules governing the appeals process.
24 The rejection shall describe the submission errors. The
25 appellant may have up to 15 calendar days from notice of
26 rejection to resubmit an appeal that meets requirements of
27 State Board of Education rule. An application for appeal
28 submitted subsequent to such rejection shall be considered
29 timely if the original appeal was filed within 30 calendar
30 days after receipt of notice of the specific reasons for the
31 district school board's denial of the charter application. The
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File original & 9 copies 04/02/02
hmo0011 08:27 pm D0007-0008-871777
HOUSE AMENDMENT
Bill No. HB 7-D
Amendment No. ___ (for drafter's use only)
1 State Board of Education shall remand the application to the
2 district school board with its written recommendation that the
3 district school board approve or deny the application
4 consistent with the state board's decision. The decision of
5 the State Board of Education is not subject to the provisions
6 of the Administrative Procedure Act, chapter 120.
7 (c) The district school board must act upon the
8 recommendation of the State Board of Education within 30
9 calendar days after it is received. The district board may
10 fail to act in accordance with the recommendation of the state
11 board only for good cause. Good cause for failing to act in
12 accordance with the state board's recommendation arises only
13 if the district school board determines by competent
14 substantial evidence that approving the state board's
15 recommendation would be contrary to law or contrary to the
16 best interest of the pupils or the community. The district
17 school board must articulate in written findings the specific
18 reasons based upon good cause supporting its failure to act in
19 accordance with the state board's recommendation. The
20 district board's action on the state board's recommendation is
21 a final action subject to judicial review.
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File original & 9 copies 04/02/02
hmo0011 08:27 pm D0007-0008-871777