SENATE AMENDMENT
    Bill No. CS for SB 1972
    Amendment No. 3   Barcode 752576
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Appropriations recommended the following
12  amendment:
13  
14         Senate Amendment 
15         On page 9, line 3 through page 10, line 14, delete
16  those lines
17  
18  and insert:  
19         (b)  An applicant may appeal any denial of that
20  applicant's application or failure to act on an application to
21  the State Board of Education no later than 30 calendar days
22  after receipt of the district school board's decision or
23  failure to act and shall notify the district school board of
24  its appeal.  Any response of the school board shall be
25  submitted to the state board within 30 calendar days after
26  notification of the appeal. The state board must by majority
27  vote accept or reject the decision of the district school
28  board no later than 60 calendar days after an appeal is filed
29  in accordance with state board rule.  The state board may
30  reject an appeal submission for failure to comply with
31  procedural rules governing the appeals process.  The rejection
                                  1
    12:25 PM   05/03/01                                s1972.ap.03

SENATE AMENDMENT Bill No. CS for SB 1972 Amendment No. 3 Barcode 752576 1 shall describe the submission errors. The appellant may have 2 up to 15 calendar days from notice of rejection to resubmit an 3 appeal that meets requirements of rule. An application for 4 appeal submitted subsequent to such rejection shall be 5 considered timely if the original appeal was filed within 30 6 calendar days after receipt of the specific reasons for the 7 school board's denial of the charter application the school 8 board denial. The state board shall remand the application to 9 the district school board with its written recommendation that 10 the district board approve or deny the application consistent 11 with the state board's decision. The decision of the State 12 Board of Education is not subject to the provisions of the 13 Administrative Procedure Act, chapter 120. 14 (c) The district school board must act upon the 15 recommendation of the State Board of Education within 30 16 calendar days after it is received. The district board may 17 fail to act in accordance with the recommendation of the state 18 board only for good cause. Good cause for failing to act in 19 accordance with the state board's recommendation arises only 20 if the district school board determines by competent 21 substantial evidence that approving the state board's 22 recommendation would be contrary to law or contrary to the 23 best interests of the pupils or the community. The district 24 school board must articulate in written findings the specific 25 reasons based upon good cause supporting its failure to act in 26 accordance with the state board's recommendation. The district 27 board's action on the state board's recommendation is a final 28 action subject to judicial review. 29 30 31 2 12:25 PM 05/03/01 s1972.ap.03