HOUSE AMENDMENT
hbd-38 Bill No. SB 20-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 Representative(s) Richardson and Kosmas offered the following:
12
13 Amendment
14 On page 215, line 18 through page 218, line 10,
15 remove: all of said lines
16
17 and insert: calendar days after notification of the appeal.
18 The State Board of Education shall by majority vote accept or
19 reject the decision of the district school board no later than
20 60 calendar days after an appeal is filed in accordance with
21 State Board of Education rule. The State Board of Education
22 may reject an appeal submission for failure to comply with
23 procedural rules governing the appeals process. The rejection
24 shall describe the submission errors. The appellant may have
25 up to 15 calendar days from notice of rejection to resubmit an
26 appeal that meets requirements of State Board of Education
27 rule. An application for appeal submitted subsequent to such
28 rejection shall be considered timely if the original appeal
29 was filed within 30 calendar days after receipt of notice of
30 the specific reasons for the district school board's denial of
31 the charter application. The State Board of Education shall
1
File original & 9 copies 05/01/02
hbd0016 05:23 pm E0020-0008-630831
HOUSE AMENDMENT
hbd-38 Bill No. SB 20-E, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 remand the application to the district school board with its
2 written recommendation that the district school board approve
3 or deny the application consistent with the state board's
4 decision. The decision of the State Board of Education is not
5 subject to the provisions of the Administrative Procedure Act,
6 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 school board
10 may fail to act in accordance with the recommendation of the
11 state board only for good cause. Good cause for failing to act
12 in accordance with the state board's recommendation arises
13 only 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 district
20 school board's action on the state board's recommendation is a
21 final action subject to judicial review.
22 (and redesignate subsequent paragraphs)
23
24
25
26
27
28
29
30
31
2
File original & 9 copies 05/01/02
hbd0016 05:23 pm E0020-0008-630831