R277-920-7. Appeal Process for Denial of a School Turnaround Plan

  (1) As used in this section "plan" means a school turnaround plan described in Subsection 53E-5-303(5).

  (2) A committee or local education board may appeal the denial of a plan, in whole or in part, by following the procedures and requirements of this section.

  (3) An appeal authorized by this rule:

  (a) is an informal adjudicative proceeding under Section 63G-4-203; and

  (b) shall be resolved by the date specified in Subsection 53E-5-305(6)(b).

  (4)(a) A principal, on behalf of a committee, may request that the local education board reconsider the denial of a plan:

  (i) by electronically filing the request:

  (A) with the chair of the local education board; and

  (B) on a form provided on the Board website; and

  (ii) within 5 calendar days of the denial.

  (b) The reconsideration request may include a modification to the plan if the committee approves the modification.

  (c) The local education board shall respond to the request within 10 calendar days by:

  (i) refusing to reconsider its action;

  (ii) approving a plan, in whole or in part; or

  (iii) denying a plan modification.

  (d) The principal may appeal the denial of a plan under this Subsection (3):

  (i) by electronically filing an appeal with the Superintendent on a form provided on the Board website; and

  (ii) within 5 calendar days of the denial.

  (e) An appeal filed under this subsection shall be resolved in accordance with Subsections (5) and (6).

  (5) A district superintendent, on behalf of a local school board, or a charter school governing board chair, on behalf of a charter school governing board, may appeal the Board's denial of a plan:

  (a) by electronically filing an appeal with the Superintendent on a form provided on the Board website; and

  (b) within 5 calendar days of the denial.

  (6)(a) At least three members of a Board committee, appointed by the Board as the appeal committee, shall review the written appeal.

  (b) The appeal committee may ask the principal, district superintendent, local school board chair, or charter school governing board chair to:

  (i) provide additional written information; or

  (ii) appear personally and provide information.

  (c) The appeal committee shall make a written recommendation within 5 business days of receipt of the appeal request to the Board to accept, modify, or reject the plan and give a reason for the recommendation.

  (7) The Board may accept or reject the appeal committee's recommendation and the Board's decision is the final administrative action.