The purpose of this rule development is to align Rule 6A-6.0781, F.A.C., with statutory changes and practices of the Charter School Appeal Commission.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-6.0781: Procedures for Appealing a District School Board Decision Denying Application for Charter School
PURPOSE AND EFFECT: The purpose of this rule development is to align Rule 6A-6.0781, F.A.C., with statutory changes and practices of the Charter School Appeal Commission.
SUBJECT AREA TO BE ADDRESSED: The proposed rule amendment will align the current rule with statutory changes related to the charter school appeal process as outlined in Section 1002.33, Florida Statutes.
SPECIFIC AUTHORITY: 1002.33(24) FS.
LAW IMPLEMENTED: 1002.33(6) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: July 27, 2009, 8:00 a.m. – 5:00 p.m.
PLACE: Conference Call 1(888)808-6959, conference code 2450861
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Adam Miller, Director of Charter Schools, Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 522, Tallahassee, FL 32399-0400. TO REQUEST A RULE DEVELOPMENT WORKSHOP CONTACT Lynn Abbott, Agency Clerk, [phone] or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-6.0781 Procedures for Appealing a District School Board Decision Denying Application for Charter School Appeals.

The procedures for filing and reviewing all appeals to the State Board of Education under provisions of Sections 1002.33(6)(c), and 1002.33(8)(c) and (d), Florida Statutes, Chapter 96-186, Laws of Florida, shall be as follows:

(1) The district school board shall conduct a hearing that satisfies basic tenets of due process when deciding whether to reject a charter school application, terminate a charter, immediately terminate a charter, or non-renew a charter. The district school board shall ensure that a court reporter creates a record of the hearing so that the parties may order transcripts for appeal or other purposes.

(2)(1) Within thirty (30) days after the date of a decision of a district school board denying which denies an application for a Charter School, non-renewing or terminating a charter, the appealing party applicant may file a written notice of appeal by submitting fifteen (15) hard copies of the appeal to with the Agency Clerk for the Department of Education, in Room 1702, The Capitol, 325 West Gaines Street, Suite 1520, Tallahassee, Florida 32399-0400. A cCopy of the notice of appeal shall be sent via 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.

(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 whether all grounds identified in the district school board’s notice are supported by competent substantial evidence in the record below and whether such grounds constitute good cause. The appealing party may also raise due process as an issue specific alleged errors of the school board.

(b) The Charter School application or charter contract, as applicable, 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 be filed as exhibits to each party’s written the notice of appeal, unless the parties stipulate in writing to the exhibits and file the exhibits as a separate document with the appealing party’s appeal. Within five (5) business days after request of the appealing party, the district school board shall provide the appealing party with copies of all documents considered by the district school board in making its decision.

(c) Within thirty (30) ten (10) days after receipt of the filing notice of appeal, the district school board shall file fifteen copies of with the Agency Clerk and submit to each member of the State Board of Education its written arguments to the Agency Clerk for the Department of Education. The written arguments are limited to whether all grounds identified in the district school board’s notice are supported by competent substantial evidence in the record below and whether such grounds constitute good cause. If due process is raised as an issue, the district school board shall also provide a written response to the specific alleged errors of the school board.

(d) The charter school appeal commission will review only those grounds identified in the district school board’s notice, and due process, if raised.

(e) Such written arguments required from both parties shall not exceed twenty (20) pages exclusive of any exhibit addendum. Information provided 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 Information provided beyond the twenty (20) page maximum will not be discussed nor considered by the appeal commission. 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.

(f)(d) Failure to meet the requirements herein specified may cause rejection of the submission by the Agency Clerk State Board.

(g)(e) The Charter School application or charter contract, as applicable, transcripts of meetings before the district school board, and all documents considered by the district school board in making its decision, written arguments of the parties shall constitute the record on appeal.

(3)(2) 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 Agency Clerk shall convene immediately schedule the matter on the next public meeting agenda of the Charter School Appeal Commission State Board of Education to be considered the within thirty (30) days after filing notice of appeal, with notice to the appealing party applicant and the district school board of that hearing date. The State Board of Education does not have jurisdiction to hear late-filed appeals.

(a) At the hearing before the Charter School Appeal Commission State Board of Education, each party will be given a maximum of twenty (20) thirty (30) minutes to allow representative(s) to summarize the written arguments previously submitted to the State Board. 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.

(4)(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 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. Charter School Appeal Commission shall then proceed by majority vote to either accept or reject the decision of the district school board. If the Charter School Appeal Commission determines that due process was not provided and the failure to provide due process was not harmless error, then the appeal shall be remanded to the district school board for provision of due process

(5) 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.

(a) 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. Each party shall have five (5) minutes to summarize their arguments. The State Board of Education shall approve, deny or remand the appeal.

(6) 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 (2)(e) of this rule, except that they are limited to two (2) 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 in the discretion of the ruling entity.

(b) The Chair of the Charter School Appeal Commission shall rule upon motions for an extension of time to file an appeal, 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(24) 229.053(1) FS., Chapter 96-186, Laws of Florida. Law Implemented 1002.33(6), 1002.335 FS. Chapter 96-186, Laws of Florida. History–New 2-2-97, Amended_________.