R277-553-7. Appeals to the Board

  (1) An operating charter school may appeal an authorizer's decision to terminate the school's charter to the Board.

  (2) Upon terminating a charter, an authorizer shall:

  (a) provide written notice to the charter school;

  (b) provide written notice of appeal rights and timelines to the charter school governing board chair or authorized agent; and

  (c) post information about the appeals process on its website and provide training to charter school governing board members and authorized agents regarding the appeals procedure.

  (3) If a charter school appeals an authorizer's decision to terminate a charter, the charter school governing board chair shall submit a written appeal to the Superintendent within 14 calendar days of the authorizer's action.

  (4)(a) Upon receipt of an appeal under this section, Board leadership may:

  (i) set a hearing before a standing committee to make a recommendation to the Board for consideration at its next regularly scheduled meeting;

  (ii) designate three to five Board members and a hearing officer, who is not a Board member, to act as an objective hearing panel to conduct a hearing and provide a recommendation to the Board for consideration at its next regularly scheduled meeting; or

  (iii) set a hearing before the full Board.

  (b) A hearing under Subsection (4)(a) shall be held no more than 45 days following receipt of the written appeal.

  (5) The Board shall:

  (a) uphold the authorizer's decision; or

  (b) remand the matter to the authorizer with identified deficiencies in the authorizer's decision and suggested remedies.

  (6) The recommendation of the chartering entity shall be in place pending the conclusion of the appeals process, unless the Superintendent in the Superintendent's sole discretion, determines that the authorizer's decision or failure to act presents a serious threat to students or an imminent threat to public property or resources.

  (7) The Board's acceptance or rejection of the hearing report is the final administrative action on the issue.