Utah Admin. Code R277-920-9 - Appeal Process for Denial of a School Improvement Plan
(1) A committee or local education board may
appeal the denial of a plan, in whole or in part, by following the procedures
and requirements of this section.
(2) An appeal authorized by this rule:
(a) is an informal adjudicative proceeding
under Section
63G-4-203; and
(b) shall be resolved by the date specified
in Subsection
53E-5-305(6)(b).
(3)
(a) A
principal, on behalf of a committee, may request that the local education board
reconsider the denial of a plan:
(i) by
electronically filing the request:
(A) with
the chair of the local education board; and
(B) on a form provided on the Board website;
and (ii) within five calendar days of the denial.
(b) The reconsideration request may include a
modification to the plan if the committee approves the modification.
(c) The local education board shall respond
to the request within ten calendar days by:
(i) refusing to reconsider its
action;
(ii) approving a plan, in
whole or in part; or
(iii) denying
a plan modification.
(d)
The principal may appeal the denial of a plan under this Subsection (3):
(i) by electronically filing an appeal with
the Superintendent on a form provided on the Board website; and
(ii) within five calendar days of the
denial.
(e) An appeal
filed under this subsection shall be resolved in accordance with Subsections
(4) and (5).
(4) A
district superintendent, on behalf of a local school board, or a charter school
governing board chair, on behalf of a charter school governing board, may
appeal the Board's denial of a plan:
(a) by
electronically filing an appeal with the Superintendent on a form provided on
the Board website; and
(b) within
five calendar days of the denial.
(5)
(a) At
least three members of a Board committee, appointed by the Board as the appeal
committee, shall review the written appeal.
(b) The appeal committee may ask the
principal, district superintendent, local school board chair, or charter school
governing board chair to:
(i) provide
additional written information; or
(ii) appear personally and provide
information.
(c) The
appeal committee shall make a written recommendation within five business days
of receipt of the appeal request to the Board to accept, modify, or reject the
plan and give a reason for the recommendation.
(6) The Board may accept or reject the appeal
committee's recommendation and the Board's decision is the final administrative
action.
Notes
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