Section 11968.5.5 - Appeal of Charter Revocation to the State Board of Education and Submission of the Administrative Record(a) If the district chartering authority or the charter school's governing body as described in the school's charter elects to appeal to the SBE, the appellant shall approve and deliver a written Notice of Appeal to the SBE within 30 calendar days of receiving a written decision by the county board of education, within 30 calendar days upon the expiration of 90 calendar days pursuant to section 11968.5.4(b), or within 30 calendar days of a county chartering authority's Final Decision.(b) The appellant shall, at the same time it delivers a Notice of Appeal to the SBE, deliver to the SBE the following documents that shall be individually and sequentially numbered, one number per page, and be delivered to the respondent and the county board of education, if applicable, within five calendar days of delivery to the SBE: (1) copies of the Notice of Violation, Notice of Intent to Revoke, the Final Decision, the Notice of Appeal to the county board of education, and the county board of education's written decision, as applicable;(2) evidence of the final vote of the chartering authority if available;(3) evidence relied upon by the chartering authority in determining whether substantial evidence existed that the charter school failed to refute to the chartering authority's satisfaction or remedy one or more violations identified in the Notice(s) of Violation;(4) evidence and correspondence submitted by the charter school's governing body as described in the school's charter in response to the chartering authority's Notice of Violation and Notice of Intent to Revoke; and(5) minutes of any public meeting at which the chartering authority considers or makes its decision to revoke the school's charter if available.(c) At the same time the appellant submits its Notice of Appeal to the SBE, the appellant shall also submit to the SBE a written argument in the form of a brief or letter that shall be individually and sequentially numbered, one number per page; be delivered to the respondent within five calendar days of delivery to the SBE; and contain the following: (1) a summary of the procedural and substantive facts limited to matters in the record;(2) a summary of the arguments in support of the appellant's position that the chartering authority and/or the county board of education erred in its decision; and(3) specific citations to the administrative record in support of each argument presented.(d) If the respondent chooses to submit a written opposition to the SBE, it must do so within 30 calendar days of the delivery of the appellant's written argument to the SBE. This written opposition shall be in the form of a brief or letter that shall be individually and sequentially numbered, one number per page; be delivered to the appellant within five calendar days of delivery to the SBE; and contain the following: (1) a summary of the procedural and substantive facts limited to matters in the record as submitted to the chartering authority and the county board of education, as appropriate;(2) a summary of the arguments in support of the respondent's position that the chartering authority and/or the county board of education did not err in its decision; and(3) specific citations to the administrative record in support of each argument presented.(e) Within 15 calendar days of the delivery of the respondent's written opposition to the SBE, the appellant may submit to the SBE a written reply to the respondent's written opposition in the form of a brief or letter. If submitted, this written reply shall be individually and sequentially numbered, one number per page; be delivered to the respondent within five calendar days of delivery to the SBE; and contain the following: (1) a summary of the arguments refuting the arguments raised in respondent's opposition; and(2) specific citations to the administrative record in support of each argument presented;(f) If the SBE does not take action within 120 calendar days of receipt of the appellant's written argument, if submitted pursuant to subdivision (c); or within 150 days of receipt of the respondent's written opposition, if submitted pursuant to subdivision (d); or within 165 days of receipt of the appellant's written reply, if submitted pursuant to subdivision (e); whichever is later, the appellant is deemed to have exhausted its administrative remedies.(g) An appeal to the SBE of a Notice of Revocation by Determination of a Severe and Imminent Threat to Pupil Health or Safety is subject to section 11968.5.3 rather than this section.Cal. Code Regs. Tit. 5, § 11968.5.5
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46). Note: Authority cited: Section 33031, Education Code. Reference: Section 47607, Education Code.
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).