Charter school appeal process-2.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0572.E1

HOUSE BILL
NO.
HB0225

Charter school appeal process-2.

Sponsored by:
Representative(s) Wallis and
Edmonds

A BILL

for

AN ACT relating to charter schools; modifying the appeal process for charter school denials;
repealing provisions for multiple appeals;
specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
‑
3
‑
310(b)(i) is amended to read:

21
‑
3
‑
310.

Appeal; standard of review; procedures.

(b)

If the notice of appeal, or the motion to review by the state board, relates to a district board's decision to deny, refuse to renew, or revoke a charter or to a district board's unilateral imposition of conditions that are unacceptable to the charter school or the charter applicant, the appeal and review process shall be as follows:

(i)

Within sixty (60) days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing which shall be held in the school district in which the proposed charter school has applied for a charter, shall review the decision of the district board and make its findings.

The findings shall be issued in writing and forwarded to the district board and charter applicant or appellant.
If the state board finds that the local board's decision was
not

contrary to the best interests of the pupils, school district or community, the state board
shall
remand such decision to the district board with written instructions for reconsideration thereof.

The instructions
shall include

specific recommendations concerning the matters requiring reconsideration
;

sustain the decision. If the state board determines the decision was contrary to those interests it shall:

(A)

Remand the decision to the district board with written instructions to
approve the charter school or application as submitted; or

(B)

Approve the charter or application subject to modifications specified by the state board to cure deficiencies. The state board shall provide the charter school or applicant fifteen (15) days after the state board has entered its order to submit to the state board and the district board proposed modifications. The state board shall provide the district board fifteen (15) days after the charter school or applicant has submitted proposed modifications to comment thereon. If the state board finds the proposed modifications cure the deficiencies it shall remand the appeal to the district board with written instructions to approve the charter or application as modified. If the state board finds the proposed modifications do not cure the deficiencies it shall enter an order denying, refusing to renew or revoking the charter as applicable.

Section 2.

W.S. 21-3-310(b)(ii) through (iv) is repealed.

Section
3
.

This act shall apply to
appeals or motions for review filed with the state board of education pursuant to W.S. 21
‑
3
‑
310 on and after the effective date of this act.

Section
4
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0225