Utah Admin. Code R277-553-7 - Appeals to the Board
(1) An operating
charter school may appeal an authorizer's decision to terminate the school's
charter to the Board.
(2) Upon
terminating a charter, an authorizer shall:
(a) provide written notice to the charter
school;
(b) provide written notice
of appeal rights and timelines to the charter school governing board chair or
authorized agent; and
(c) post
information about the appeals process on its website and provide training to
charter school governing board members and authorized agents regarding the
appeals procedure.
(3)
If a charter school appeals an authorizer's decision to terminate a charter,
the charter school governing board chair shall submit a written appeal to the
Superintendent within 14 calendar days of the authorizer's action.
(4)
(a)
Upon receipt of an appeal under this section, Board leadership may:
(i) set a hearing before a standing committee
to make a recommendation to the Board for consideration at its next regularly
scheduled meeting;
(ii) designate
three to five Board members and a hearing officer, who is not a Board member,
to act as an objective hearing panel to conduct a hearing and provide a
recommendation to the Board for consideration at its next regularly scheduled
meeting; or
(iii) set a hearing
before the full Board.
(b) A hearing under Subsection (4)(a) shall
be held no more than 45 days following receipt of the written appeal.
(5) The Board may:
(a) uphold the authorizer's decision;
or
(b) remand the matter to the
authorizer with identified deficiencies in the authorizer's decision and
suggested remedies.
(6)
The recommendation of the chartering entity shall be in place pending the
conclusion of the appeals process, unless the Superintendent in the
Superintendent's sole discretion, determines that the authorizer's decision or
failure to act presents a serious threat to students or an imminent threat to
public property or resources.
(7)
The Board's acceptance or rejection of the hearing report is the final
administrative action on the issue.
Notes
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