6A-6.0781: Procedures for Appealing a District School Board Decision Denying Application for Charter School
PURPOSE AND EFFECT: The purpose of this amendment is to revise the current rule to reflect changes in statute and to provide clarification of charter school appeal requirements.
SUMMARY: The amendment provides details regarding the timelines for charter school application denial appeals and the process for high performing charter replication application denial appeals.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and; 2) based on past experiences with charter school rules and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1002.33(27) FS.
LAW IMPLEMENTED: 1002.33(6) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 27, 2012, 9:00 a.m.
PLACE: Terra Environmental Research Institute, 11005 S.W. 84 Street, Miami, FL 33173
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education, (850)245-0878, mike.kooi@fldoe.org
THE FULL TEXT OF THE PROPOSED RULE IS:
6A-6.0781 Procedures for Appealing a District School Board Decision Denying Application for Charter School or High-Performing Charter School.
The procedures for filing and reviewing all appeals to the State Board of Education under provisions of Section 1002.33(6), Florida Statutes, Chapter 96-186, Laws of Florida, shall be as follows:
(1) Appealing a Charter School Application Denial. The district school board letter of denial required by Section 1002.33(6)(b)3.a., Florida Statutes, shall be provided to the charter applicant by the district school board via certified mail. Within thirty (30) days after receipt by certified mail the date of a decision of a district school board denying which denies an application for a Charter School, the charter applicant may file a written notice of appeal the decision by submitting ten (10) hard copies of the appeal to with the Agency Clerk for the Department of Education, 325 West Gaines Street, Room 1520, in Room 1702, The Capitol, Tallahassee, Florida 32399-0400. A copy Copy of the notice of appeal shall be sent via regular mail or hand delivery to the district school board, via the Superintendent, and to each member of the State Board of Education by the appealing party by the applicant on date of filing with the Agency Clerk. The appealing party shall certify that it has provided the district school board a copy of the appeal as provided herein. The State Board of Education does not have jurisdiction to hear late-filed appeals.
(a) The notice of appeal must include: name and address of appealing party applicant; name and address of the district school board; date of the district school board decision; name and address of appealing party’s applicant’s attorney, if any; precise identification of alleged errors of the district school board in rejecting the Charter School application; and written argument limited to the reasons for denial identified in the district school board’s notice of denial specific alleged errors of the school board.
(b) The Charter School application, Form IEPC-M2 Florida Charter School Application Evaluation Instrument as incorporated by reference in Rule 6A-6.0786, F.A.C., together with available transcripts of all meetings before the district school board in which the decision application was considered, and all documents considered by the district school board in making its decision shall constitute the record on appeal and shall be filed as exhibits to each party’s written argument the notice of appeal.
(c) Within thirty (30) ten (10) days after receipt of the filing notice of appeal the district school board shall file twelve (12) hard copies of its written arguments with the Agency Clerk for the Department of Education. and submit to each member of the State Board of Education it The written arguments are limited to the reasons for denial identified in the district school board’s notice of denial specific alleged errors of the school board as identified in the notice of appeal.
(d) Such written arguments required from both parties shall not exceed twenty (20) pages exclusive of any exhibit addendum. Information provided beyond the twenty (20) page maximum will not be discussed nor considered by the Charter School Appeal Commission in an addendum shall be limited to the actual Charter School application presented to the local board and the transcripts of meetings of the local boards’ actions. Written arguments may be produced by any duplicating or copying process which produces a clear black image on white paper. All written arguments shall be on 8 1/2 x 11 inch paper, double spaced, except quoted material and footnotes, and bound at the top left corner. Typewritten text, including footnotes must be no smaller than ten (10) pitch spacing, and there must be no more than twenty-six (26) lines of text per paper. Margins shall be no less than one inch at the top, bottom, left and right. All written arguments and exhibits must be bound with tabs for each exhibit with a table of contents detailing each section.
(e)(d) Failure to meet the requirements herein specified may cause rejection of the submission by the Chair of the Charter School Appeal Commission State Board.
(e) The Charter School application, transcripts of meetings before the district school board, and written arguments of the parties shall constitute the record on appeal.
(2) Procedures for Charter School Appeals. Upon receipt of a timely filed notice of appeal by a Charter School applicant, in accordance with accelerated appeal time constraints as set forth in Chapter 96-186, Laws of Florida, the Commissioner of Education or designee, Agency Clerk shall convene a immediately schedule the matter on the next public meeting agenda of the Charter School Appeal Commission State Board of Education to be considered within thirty (30) days after filing notice of the appeal, with notice to the appealing party applicant and the district school board of that hearing date.
(a) At the hearing before the Charter School Appeal Commission, State Board of Education, each party will be given a maximum of ten (10) thirty (30) minutes to allow representative(s) to summarize the written arguments previously submitted to the State Board. Each party will also be given additional time, as determined by the Chair of the Charter School Appeal Commission, to individually address each of the reasons for denial. No evidence or testimony, only oral argument, will be heard by the Charter School Appeal Commission State Board at this time.
(b) The Charter School Appeal Commission may question the parties. During these questions, the Charter School Appeal Commission may, in its discretion, gather other applicable information regarding the appeal and request information to clarify the documentation presented it.
(c)(3) Upon reviewing the record on appeal and hearing oral summaries of written arguments, if presented, and consideration of the answers to questions, if asked, the Charter School Appeal Commission the State Board shall then proceed by majority vote to either accept or reject the decision of the district school board and shall then remand the application to the district school board with its written recommendation that the district board approve or deny the application consistent with the State Board’s decision.
(d) The Charter School Appeal Commission’s recommendation, record on appeal, written arguments of the parties, and a copy of the Charter School Appeal Commission transcripts will be forwarded to the State Board of Education.
(e) The State Board of Education shall consider the appeal and the Charter School Appeal Commission’s recommendation at the next scheduled State Board of Education meeting and no later than ninety (90) calendar days after an appeal is filed. Each party shall have five (5) minutes to summarize their arguments. The State Board of Education shall approve or deny the appeal.
(3) Appealing a High-Performing Charter School Application Denial.
(a) The district school board letter of denial required by Section 1002.33(6)(b)3.a., Florida Statutes, shall be provided to the charter applicant by the district school board via certified mail. Within thirty (30) days after the date of a decision of a district school board denying an application for a replication of a High-Performing Charter School pursuant to Section 1002.331, Florida Statutes, the charter applicant may file a written appeal by submitting ten (10) hard copies of the appeal to the Agency Clerk in the same manner and format described in paragraphs (1)(a)-(d) of this rule. A copy of the appeal shall be sent via regular mail or hand delivery to the district school board, via the Superintendent, by the appealing party by the date of filing with the Agency Clerk. High-performing charter school appeal submissions shall be considered directly by the State Board of Education pursuant to Section 1002.33(6)(c)3.b., Florida Statutes. The appealing party shall certify that it has provided the district school board a copy of the appeal as provided herein. The State Board of Education does not have jurisdiction to hear late-filed appeals.
(b) Within thirty (30) days after receipt of the appeal, the district school board shall file ten (10) hard copies of its written arguments to the Agency Clerk for the Department of Education in the same manner and format described in paragraphs (1)(a)-(d) of this rule. The written arguments are limited to the reasons for denial identified in the district school board’s notice of denial.
(c) Failure to meet the requirements herein specified may cause rejection of the submission by the Agency Clerk for the Department of Education.
(d) The State Board of Education shall consider the high-performing charter school appeal at a State Board of Education meeting no later than ninety (90) calendar days after an appeal is filed. Each party shall have fifteen (15) minutes to summarize their arguments. The State Board of Education shall approve or deny the appeal.
(4) Motions.
(a) Motions before the Charter School Appeal Commission or State Board of Education shall be filed with the Agency Clerk in the same format as required in paragraph (1)(d) of this rule, except that they are limited to three (3) pages. Motions shall include a statement that the movant has conferred with the other party, shall state whether such party has any objection to the motion, and shall certify that the other party has been served with a copy of the motion. If there is an objection, the other party may file a response, subject to the same filing requirements as the motion, within three (3) business days of receipt of the motion, or the day before the hearing, whichever occurs first. Oral arguments shall not be requested, but may be scheduled at the discretion of the ruling entity.
(b) The Chair of the Charter School Appeal Commission shall rule upon motions for a continuance of the hearing, motions to relinquish jurisdiction on the grounds of an untimely filed appeal by the appealing party or on the grounds of settlement/voluntary dismissal of the appeal filed prior to the hearing date.
(c) The Commissioner of Education shall rule upon motions for a continuance of the appeal before the State Board of Education and motions to relinquish jurisdiction on the grounds of an untimely filed appeal by the appealing party or on the grounds of settlement/voluntary dismissal of the appeal.
Rulemaking Specific Authority 1002.33(27) 229.053(1) FS., Chapter 96-186, Laws of Florida. Law Implemented 1002.33(6) FS., Chapter 96-186, Laws of Florida. History–New 2-2-97, Amended__________.