160.1595 Request for technical assistance -- Appeal of approval or denial to state
603 words·~3 min read·
/ky/160-1595A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
board -- Judicial review -- Joint oversight.
(1)Any applicant or board of directors of a public charter school may request technical
assistance from the Kentucky Department of Education to address deficiencies
identified by an authorizer. The department shall respond within thirty
(30)days of
the request.
(a)The state board, upon receipt of a notice of appeal, shall review decisions of
any other authorizer concerning the approval or denial of a public charter
school application, the nonrenewal or revocation of a public charter school's
contract, the denial of a public charter school's request to consider a charter
amendment, or the unilateral imposition of conditions in the charter contract,
in accordance with the provisions of this section.
(b)A charter applicant or approved public charter school who wishes to appeal a
decision of an authorizer concerning a charter application, a charter
amendment, or the nonrenewal or revocation of a charter, or the unilateral
imposition of conditions, shall provide the state board and the authorizer with
a notice of appeal within thirty
(30)days after the authorizer's decision. The
appellant shall limit the grounds of the appeal to the grounds for the denial of
or the nonrenewal or revocation of a charter, or the unilateral imposition of
conditions, whichever is being appealed, specified by the authorizer. The
notice shall include a brief statement of the reasons the public charter school
applicant or public charter school contends the authorizer's denial of or
nonrenewal or revocation of a charter, or imposition of conditions was in
error.
(c)If the notice of appeal relates to an authorizer's decision to deny, refuse to
renew, or revoke a charter or to an authorizer's unilateral imposition of
conditions that are unacceptable to the charter applicant or public charter
school, the appeal and review process shall be as follows:
1. Within forty-five
(45)days after receipt of the notice of appeal and after
reasonable public notice, the state board, at a public hearing which may
be held in the school district in which the proposed public charter school
has applied for a charter or where the public charter school exists, shall
review the decision of the authorizer and make its findings;
2. The state board shall determine:
a. If the final decision of the authorizer was contrary to the best
interest of the students or community; and
b. If the application failed to satisfy the requirements of KRS
160.1593(3) and (4);
3. If the state board finds that the authorizer's decision was contrary to the
best interest of the students or community and the application satisfies
the statutory requirements, the state board shall remand such final
decision to the authorizer with instructions to approve the charter
application or amendment, or to renew or reinstate the charter, or to
approve or disapprove conditions imposed. The decision of the state
board shall be a final action subject to judicial review in the Circuit
Court encompassing the school district in which the public charter
school is located; and 4. Charters granted to applicants by authorizers after a successful appeal to
the state board, as outlined in subparagraph 3. of this paragraph, shall be
provided joint oversight by the authorizer and the state board for, at a
minimum, the first five
(5)years of the school's operation, and until the
authorizer, state board, and public charter school agree that charter
oversight may be provided solely by the authorizer. The state board shall
be a formal participant in all authorizing decision making concerning the
public charter school during that period, and shall be included in all
communication between the public charter school and the authorizer.