W. Va. Code R. § 126-79-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-79-13 - Appeal of Authorizer's Decision to West Virginia Board of Education

13.1. Pursuant to W. Va. Code § 18-5G-13, an applicant may file an appeal to an authorizer's a denial of that applicant's application to the WVBE no later than 30 calendar days after:

13.1.a. The authorizer adopts a resolution denying a charter application; or

13.1.b. The authorizer adopts a resolution denying a charter renewal application.

13.2. An applicant submitting an appeal to the WVBE pursuant to this section shall include the following information and documentation:

13.2.a. A summary of the application timeline specifically noting the following dates, as applicable: the date that the application was submitted to the authorizer, the date the identification of application deficiencies was issued, the date the revised application was submitted to the authorizer; the date of the applicant interview; the date of the public forum; and/or the date the authorizer adopted a resolution denying the application.

13.2.b. The initial application submitted to the authorizer;

13.2.c. The identification of application deficiencies issued by the authorizer;

13.2.d. Any subsequent revised applications submitted to the authorizer;

13.2.e. The resolution adopted by the authorizer denying the application and any accompanying supporting documentation to the resolution issued by the authorizer;

13.2.f. A concise statement articulating the applicant's basis for the appeal.

13.3. An applicant shall provide a copy of all materials submitted in conjunction with the appeal to the authorizer. Within 15 calendar days of receipt, the authorizer may submit a concise statement in response to the applicant's statement articulating the applicant's basis for the appeal.

13.4. Upon receipt of all submissions, the WVBE shall provide the parties with an anticipated timeline for review and decision. The WVBE shall review the materials submitted by the applicant and authorizer. The WVBE shall either deny the appeal or remand the authorizer's decision back to the authorizer for further proceedings if the substantive rights of the applicant have been prejudiced because the authorizer's findings, inferences, conclusions, or decisions are:

13.4.a. In violation of constitutional or statutory provisions or WVBE policy;

13.4.b. In excess of the statutory authority or jurisdiction of the authorizer;

13.4.c. Made upon unlawful procedures;

13.4.d. Affected by other error of law;

13.4.e. Clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or

13.4.f. Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

W. Va. Code R. § 126-79-13