CHARTER SCHOOLS APPEALS

POLICY

The purpose of this policy is for the Board of Education (Board) to fulfill its role as an appeals body in order to implement the new charter school governance and accountability law. 

When appeal allowed.  An appeal may only be taken from a decision by the Hawaii Public Charter School Commission (Commission) to (a) deny approval of a start-up or conversion charter school application, (b) deny renewal of a charter contract; or (c) revoke a charter contract. 

When appeal taken.  An appeal shall be filed with the Board within twenty-one days after the applicant's or the charter school's receipt of the notification of the Commission’s decision.  For these purposes, a Commission's notification of decision shall be deemed received three days after the date of mailing to the applicant or charter school. 

Notice of appeal.  An appeal shall commence by the filing of a notice of appeal which shall clearly identify the appellant, contact information for the appellant, and the decision being appealed.  The appellant shall file the notice of appeal with the Board in accordance with Hawaii Administrative Rule section 8-2-2 and shall serve a copy upon the Commission at the office of the Commission. 

Record on appeal.  Within seven days of the filing of the notice of appeal, the Commission shall transmit to the Board the entire record relating to the decision being appealed, and shall transmit to the appellant an index of the record which was transmitted to the Board.   

Opening brief.  Within ten days after the filing of the notice of appeal, the appellant shall file with the Board and serve upon the Commission an opening brief, which shall contain the following:

(a)      A concise statement of the case, setting forth the nature of the case, the course and disposition of the proceedings in the Commission, and the facts material to consideration of the questions and points presented.  In presenting those material facts, the appellant shall clearly set forth all supporting and contradictory evidence that was presented to, or considered by, the Commission;

(b)     The argument, containing contentions of the appellant on the points presented and the reasons therefore, with citations to the authorities, rules, statutes and parts of the record relied upon.

(c)      A conclusion, stating with particularity the relief sought.

Answering brief.  Within ten days of being served with appellant’s opening brief, the Commission shall file with the Board and serve upon the appellant an answering brief in response to the opening brief. 

Reply brief.  Within seven days of being served with the Commission’s answering brief, the appellant may, but is not required to, file with the Board and serve upon the Commission a reply brief in response to the answering brief.

Oral argument.  The Board, in its discretion, may hold oral argument on the appeal. 

Decision on appeal.  (a)  Upon review of the record, the Board may affirm the decision of the Commission, remand the case with instructions for further proceedings, or reverse or modify the decision if the substantial rights of the appellant may have been prejudiced because the Commission’s decision is:

(1)     In violation of statutory or regulatory provisions;

(2)     In excess of the authority or jurisdiction of the Commission;

(3)     Made upon unlawful procedure;

(4)     Affected by other error of law;

(5)     Clearly erroneous 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.

(b)  The Board shall review an appeal and issue a final decision within sixty calendar days of the filing of the notice of appeal. 

Failure to meet deadlines.  The Board shall have full discretion to dismiss an appeal where the appellant fails to meet any of the deadlines in this chapter. 

Computation of time.  In computing any period of time prescribed herein, the first day is excluded and the last day is included, unless the last day is a Saturday, Sunday or legal holiday and then it is also excluded.  When the prescribed period of time is less than seven, Saturdays, Sundays, or legal holidays within the designated period shall be excluded in the computation.