Section 650.60  Appeal of Local School Board Decisions

a)         An applicant or a charter holder may appeal to the State Board of Education a local school board report which denies, revokes or refuses to renew a charter.  The appeal must state the reasons why the decision of the school board should be reversed and must be postmarked no later than 14 calendar days following the postmark date of the report's submission to the State Board of Education.  The appeal must be submitted in writing by certified mail, return receipt requested, to the following address, with a copy sent by certified mail to the school board:

            Illinois State Board of Education

            Charter Schools

            100 North First Street

            Springfield, Illinois 62777

            No electronic or facsimile transmissions will be accepted.  Appeals postmarked later than 14 calendar days following the postmark date of submission of the report shall not be processed.

b)         The parties shall submit to the State Board such additional information as the State Board determines is necessary to decide the appeal.

c)         The applicant, charter holder, or school board may request an opportunity to make an oral presentation to staff of the State Board of Education designated by the State Superintendent of Education.

1)         An applicant or charter holder shall request an oral presentation in the appeal document submitted pursuant to this Section.

2)         If an applicant or charter holder does not request an oral presentation, the school board may request an oral presentation by mailing a written request to the State Board, with a copy sent to the applicant or charter holder, within seven days after the postmark date of the appeal.

3)         Staff of the State Board of Education will schedule the presentation after giving no less than seven days' notice to each party, unless the State Superintendent can determine from the school board's report that the school or proposal, as a matter of law, does not comply with the Charter Schools Law.

4)         If either party has requested and is entitled to an oral presentation, each party shall be given 45 minutes to make a presentation.

5)         If neither party requests an oral presentation, staff of the State Board may request that the parties make an oral presentation after giving no less than seven days' notice to each party.

d)         Staff of the State Board of Education shall submit a recommendation to the State Superintendent of Education.

1)         If the State Superintendent determines that the appeal is untimely or that the school or proposal, as a matter of law, does not comply with the Charter Schools Law, he shall issue a final decision to the parties containing his findings and denying the appeal.  Otherwise the State Superintendent shall submit his findings and recommendation to the State Board of Education for a final decision.

2)         A copy of the final decision shall be sent by certified mail to each party within 60 days after receipt of the appeal, receipt of any additional information requested under subsection (b) of this Section, or the date of an oral presentation made pursuant to this Section, whichever occurs last.

(Source:  Amended at 22 Ill. Reg. 16455, effective September 3, 1998)