Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-6 - SPECIAL PROGRAMS I › Section 6A-6.0781 - Procedures for Appealing a District School Board Decision Denying Application for Charter School

Current through Reg. 50, No. 138; July 16, 2024
The procedures for filing and reviewing all appeals to the
				  State Board of Education under provisions of Section
				  1002.33(6),
				  F.S., shall be as follows:
(1)
				Appealing a Charter School Application Denial. The district school board letter
				of denial required by Section 1002.33(6)(b)3.a., F.S., shall be provided to the
				applicant by the district school board via certified mail unless the applicant
				agrees in writing to accept receipt by hand delivery, regular mail, facsimile
				or electronic mail. Receipt of delivery shall be documented and filed with the
				Agency Clerk for the Department of Education. Within thirty (30) days after
				receipt by certified mail, or other verified mode of transmittal as provided by
				the parties' agreement, the decision of a district school board denying an
				application for a Charter School, the charter applicant may appeal the decision
				by submitting one (1) electronic copy and five (5) hard copies of the appeal to
				the Agency Clerk for the Department of Education, 325 West Gaines Street, Room
				1520, Tallahassee, Florida 32399-0400.
(a) A
				copy of the appeal shall be sent by the applicant via regular mail or hand
				delivery, or by other mode of transmittal as provided by the parties'
				agreement, to the district school board, via the Superintendent or a designee
				of the Superintendent as specified within the letter of denial on or before the
				date of filing with the Agency Clerk. The applicant shall certify that it has
				provided the district school board a copy of the appeal as provided herein by
				filing a certificate of service with the Agency Clerk stating the person and
				address to which the copy was provided and the date of mailing or other
				transmittal. The State Board of Education does not have jurisdiction to hear
				late-filed appeals. The appeal must include: name and address of applicant;
				name and address of the district school board; date of the district school
				board decision; name and address of applicant's attorney or representative of
				record, if any; and written argument limited to due process and the reasons for
				denial identified in the district school board's notice of denial.
(b) The Charter School application, Form
				IEPC-M2 Florida Charter School Application Evaluation Instrument as
				incorporated by reference in Rule
				6A-6.0786, F.A.C., available
				transcripts of all meetings before the district school board in which the
				decision was considered, and all documents considered by the district school
				board in making its decision shall constitute the record on appeal and shall be
				filed as exhibits to the appeal.
(c) Within thirty (30) days after receipt of
				the appeal the district school board shall file one (1) electronic copy and
				five (5) hard copies of its written arguments with the Agency Clerk for the
				Department of Education and certify that it has provided a copy to the charter
				school applicant or representative identified in the applicant's appeal by U.S.
				Mail, hand delivery, or other agreed upon mode of transmittal. The district
				school board shall file with its written arguments all documents considered by
				the district school board in making its decision that were not filed as
				exhibits to the applicant's appeal. The written arguments are limited to the
				reasons for denial identified in the district school board's notice of denial
				and any issues raised by the applicant in its appeal.
(d) Such written arguments required from both
				parties shall not exceed twenty (20) pages exclusive of any exhibit. The Chair
				of the Charter School Appeal Commission may grant leave to exceed the page
				limit only when necessary for both parties to address an extraordinarily large
				or complex set of issues on appeal. Written arguments may be produced by any
				duplicating or copying process which produces a clear black image on white
				paper. All written arguments shall be on 8 1/2'' x 11'' inch paper, double
				spaced, except quoted material and footnotes. Typewritten text, including
				footnotes must be no smaller than ten (10) pitch spacing, and there must be no
				more than twenty-six (26) lines of text per paper. Margins shall be no less
				than one inch at the top, bottom, left and right. All written arguments and
				exhibits must be bound with tabs for each exhibit with a table of contents
				detailing each section. Electronic and hardcopy appeal documents shall be
				numbered consecutively throughout the entire submission with no
				breaks.
(e) Failure to meet the
				requirements herein specified may cause rejection of the submission by the
				Chair of the Charter School Appeal Commission, where the failure could result
				in prejudice to the opposing party. The rejection shall describe the submission
				errors and the filing party shall have fifteen (15) days to resubmit an appeal
				that meets the requirements herein.