HOUSE AMENDMENT
    hbd-38                              Bill No. SB 20-E, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Richardson and Kosmas offered the following:
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13         Amendment 
14         On page 215, line 18 through page 218, line 10,
15  remove:  all of said lines
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17  and insert:  calendar days after notification of the appeal.
18  The State Board of Education shall by majority vote accept or
19  reject the decision of the district school board no later than
20  60 calendar days after an appeal is filed in accordance with
21  State Board of Education rule. The State Board of Education
22  may reject an appeal submission for failure to comply with
23  procedural rules governing the appeals process. The rejection
24  shall describe the submission errors. The appellant may have
25  up to 15 calendar days from notice of rejection to resubmit an
26  appeal that meets requirements of State Board of Education
27  rule. An application for appeal submitted subsequent to such
28  rejection shall be considered timely if the original appeal
29  was filed within 30 calendar days after receipt of notice of
30  the specific reasons for the district school board's denial of
31  the charter application. The State Board of Education shall
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    File original & 9 copies    05/01/02                          
    hbd0016                     05:23 pm         E0020-0008-630831

HOUSE AMENDMENT hbd-38 Bill No. SB 20-E, 1st Eng. Amendment No. ___ (for drafter's use only) 1 remand the application to the district school board with its 2 written recommendation that the district school board approve 3 or deny the application consistent with the state board's 4 decision. The decision of the State Board of Education is not 5 subject to the provisions of the Administrative Procedure Act, 6 chapter 120. 7 (c) The district school board must act upon the 8 recommendation of the State Board of Education within 30 9 calendar days after it is received. The district school board 10 may fail to act in accordance with the recommendation of the 11 state board only for good cause. Good cause for failing to act 12 in accordance with the state board's recommendation arises 13 only if the district school board determines by competent 14 substantial evidence that approving the state board's 15 recommendation would be contrary to law or contrary to the 16 best interest of the pupils or the community. The district 17 school board must articulate in written findings the specific 18 reasons based upon good cause supporting its failure to act in 19 accordance with the state board's recommendation. The district 20 school board's action on the state board's recommendation is a 21 final action subject to judicial review. 22 (and redesignate subsequent paragraphs) 23 24 25 26 27 28 29 30 31 2 File original & 9 copies 05/01/02 hbd0016 05:23 pm E0020-0008-630831