Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 1 - PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION › Subpart A - RECOGNITION REQUIREMENTS › Section 1.95 - Appeals Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
A school district may request an appeal of a school's or the
				  district's status determined pursuant to Section 2-3.25f of the School Code
				  related to the development and implementation of school and district
				  improvement plans or corrective actions undertaken by ISBE pursuant to Section
				  2-3.25f of the School Code or the Every Student Succeeds Act. An appeal may not
				  be brought challenging the validity of any State or federal law, a legal
				  challenge to this rule, or requesting relief that ISBE is without authority to
				  provide. This Section does not apply to recognition level changes under Section
				  1.20
				  of this Part.
a) A district shall
				request such an appeal by sending a written request to the State Board of
				Education for consideration by the Appeals Advisory Committee. The district
				must submit its appeal within 30 days after receipt of notification from the
				State Board of the school's or district's status level or corrective action, or
				by September 1 of the calendar year in which the notification occurs, whichever
				occurs later. The appeal may not be based upon alleged inaccuracies in data in
				any State assessment other than the most recent State assessment, or any other
				cause known to the district during the prior year's period for appeals. Upon
				receipt of a request, State Board staff shall provide an opportunity for the
				district to meet with State Board staff (either in person or over the
				telephone) in an effort to resolve the issues raised in the request through
				informal means.
b) If a district
				elects not to meet with State Board staff, or if the district wishes to proceed
				with the appeal upon conclusion of the informal resolution process, the State
				Board shall commence the appeals process set forth in this Section. The
				timeframes set forth for appeals shall be tolled during the pendency of the
				informal resolution process. Nothing contained in this Section shall preclude
				the State Board and the district from reaching agreement as to the resolution
				of an appeal at any time during the appeals process.
c) After a determination of a review schedule
				by the Committee, the State Board will give written notice of the date, time,
				and place of the hearing to the school district not less than 21 days before
				the hearing date. The notice shall be sent by certified mail, return receipt
				requested.
d) The school district
				may be represented by an attorney throughout the proceedings. The office of the
				General Counsel to the State Board will represent the State Board. Both the
				school district and the State Board will be afforded the opportunity to file
				written briefs before the hearing. The school district shall submit its brief
				to the following address: Illinois State Board of Education, Office of the
				General Counsel, 100 North First Street, Springfield, Illinois 62777-0001. The
				State Board shall submit its brief to the district and shall provide both the
				district's and the State Board's briefs to each member of the Committee.
1) The school district's brief shall be due 7
				days after the district's receipt of the notice of opportunity for
				hearing.
2) The State Board's brief
				shall be due 14 days after the State Board's receipt of the district's brief
				or, if no brief is filed by the district, 14 days after the notice of
				opportunity for hearing is sent.