§ 11968.5.4. Appeal of a District Charter Revocation to a County Board of Education.
5 CA ADC § 11968.5.4Barclays Official California Code of Regulations
5 CCR § 11968.5.4
§ 11968.5.4. Appeal of a District Charter Revocation to a County Board of Education.
This section establishes the procedures that a charter school and county office of education must follow if the charter school elects to appeal to a county board of education a district chartering authority's Final Decision to revoke the school's charter.
(1) Includes a copy of the Notice of Violation, Notice of Intent to Revoke and the Final Decision issued pursuant to this article except that the charter school shall not be responsible for providing these documents if the chartering authority did not provide them to the charter school as required in section 11968.5.2;
(b) If the county board of education does not issue a written decision that explains whether, in the county board of education's judgment, the district chartering authority's factual findings are supported by substantial evidence within 90 calendar days of receiving a Notice of Appeal that includes the documents listed in subdivision (a) of this section, the district chartering authority's decision is upheld, pending any further appeal.
(1) In determining whether the district chartering authority's factual findings are supported by substantial evidence, the county board of education shall consider whether the district chartering authority provided the charter school's governing body as described in the school's charter a Notice of Violation, a reasonable opportunity to remedy the identified violation(s), a Notice of Intent to Revoke, a public hearing, and Final Decision, pursuant to Articles 2 and 2.5 and Education Code sections 47607(f) through (h), inclusive.
(2) If the charter school submits a response to the Notice of Violation pursuant to section 11968.5.2(c), the county board of education shall, in determining whether the district chartering authority's factual findings are supported by substantial evidence, consider whether the charter school complied with the procedures set forth in that section.
Credits
Note: Authority cited: Section 33031, Education Code. Reference: Sections 47604.32 and 47607, Education Code.
History
1. New section filed 11-16-2011; operative 12-16-2011 (Register 2011, No. 46).
2. Change without regulatory effect amending subsection (b)(1) filed 9-28-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 40).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 5, § 11968.5.4, 5 CA ADC § 11968.5.4
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