West Virginia Code 18-5G-13 – Appeal of authorizer’s decision to West Virginia Board of Education
(a) A charter applicant or governing board of an existing public charter school may appeal a decision of an authorizer concerning the denial of a charter application or the nonrenewal of a charter contract to the state board within 30 days of the authorizer’s decision: Provided, That the authority to appeal an authorizer’s decision pursuant to this subsection does not apply to instances where the state board is the authorizer that denies the charter application or fails to renew a charter contract.
Terms Used In West Virginia Code 18-5G-13
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means any one or more in combination of parents, community members, teachers, school administrators, or institutions of higher education in this state who are interested in organizing a public charter school and:
(A) Have obtained 501(c)(3) tax-exempt status or have submitted an application for 501(c)(3) tax-exempt status, or be a state institution of higher education as defined in §. See West Virginia Code 18-5G-2
- Authorizer: means the entity empowered under this article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to renew or not renew charter contracts. See West Virginia Code 18-5G-2
- board: means a county board of education. See West Virginia Code 18-1-1
- Charter application: means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status. See West Virginia Code 18-5G-2
- Contract: A legal written agreement that becomes binding when signed.
- contract: means a fixed-term, renewable contract between a public charter school's governing board and an authorizer that identifies the roles, powers, responsibilities, operational duties, accountability, and performance expectations for each party to the contract, consistent with the requirements of this article. See West Virginia Code 18-5G-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- School: means the students and teachers assembled in one or more buildings, organized as a unit. See West Virginia Code 18-1-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- State board: means the West Virginia Board of Education. See West Virginia Code 18-5G-2
(b) The state board shall promulgate a rule pursuant to §29A-3B-1 et seq. establishing the process and timeline for appeals filed pursuant to this section.
(c) The state board shall remand the authorizer’s decision back to the authorizer for further proceedings if the substantive rights of the applicant have been prejudiced because the authorizer’s findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions or state board policy;
(2) In excess of the statutory authority or jurisdiction of the authorizer;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.