206-32 Wyo. Code R. § 32-25

Current through April 27, 2019

Section 32-25 - Appeal of District Board Decisions to the State Board

(a) In accordance with the provisions contained in this Section, except in the instance of an appeal relating to refusal to participate in mediation, any person, including a charter school applicant, may appeal a decision of a district board concerning a charter school to the State Board. If the appeal involves a refusal to participate in mediation, only the district superintendent or the charter school applicant may request an appeal under this Section.

(b) The following requirements shall apply to all hearings conducted by the State Board in accordance with this Section:

(i) Appropriate notice of the hearing shall be given to the public in accordance with the Wyoming Public Meetings Act (W.S. §§ 16-4-401 through 16-4-408 );

(ii) A quorum of the State Board shall attend the hearing;

(iii) The Wyoming Administrative Procedure Act (W.S. § 16-3-101 et seq.) and Chapter 3 of the Wyoming Department of Education's Rules and Regulations governing the Practice and Procedure for Contested Cases shall apply to the hearings held in accordance with this Section; and

(iv) The proceeding, including all testimony, shall be reported verbatim stenographically or by any other means determined appropriate by the State Board or officer presiding at the hearing.

(c) Notice shall be provided to the State Board and the district board of any appeal within thirty (30) calendar days after the decision of the district board.

(d) The notice to the State Board shall be sent in accordance with the provisions of Section 14(c) of these Rules.

(e) The State Board shall hold a public hearing within sixty (60) calendar days after receipt of the first notice of appeal or upon the motion of the State Board.

(i) If as a result of the hearing, the State Board finds that the district board's decision was contrary to the best interests of the pupils, the school district or the community, it shall remand the decision to the district board with written instructions for reconsideration of the previous decision.

(f) Within thirty (30) calendar days after the decision by the State Board to remand a decision to the district board, the district board shall hold a second public hearing to reconsider its decision.

(i) The hearing shall be held in accordance with the provisions of Section 10 of these Rules.

(g) If the district board's decision remains to deny, refuse to renew or revoke a charter or to unilaterally impose conditions unacceptable to the charter school applicant after the second hearing, a second notice of appeal may be filed by any person to appeal a decision of a district board concerning a charter school with the State Board within thirty (30) calendar days of the district board's decision.

(i) The State Board shall hold a hearing within thirty :(30): calendar days : .
following the receipt of the second notice of appeal or the making of a motion for a second review by the State Board to determine whether the final decision of the district board was contrary to the best interests of the pupils, school district or community.

(ii) If the State Board finds a second time that the district board's decision was contrary to the best interests of the pupils, school district or community, it shall remand the final decision to the district board with instructions to approve the charter application.

(h) The decision by the State Board may require changes to the contract to be executed between the charter school applicant and the district board.

206-32 Wyo. Code R. § 32-25