Section 34.07. Appeal procedure.

 

(1)  Appeals of non-approval decisions by the state superintendent may be made on any of the following grounds:

(a) The state superintendent's decision was based on material errors of facts.

(b) The state superintendent's decision was arbitrary and capricious.

(c) The proficiency measures used did not fully represent the knowledge, skills and dispositions of the institution's graduates.

(2)  An institution shall commence an appeal by sending a written notice of appeal to the state superintendent by certified mail within 30 days after the institution receives formal notice of the state superintendent's decision of non-approval. The notice of appeal shall set forth the reasons for the appeal and the grounds upon which the appeal is based and shall be signed by the institution's chief administrator.

(3)  The state superintendent shall appoint an impartial hearing panel to review appeals and make recommendations to the state superintendent. The hearing shall be held within 60 days after the appeal is received by the state superintendent. No employee of the appealing institution, departmental employee, member of the professional standards council, or other person who was involved in making the decision that is the subject of the appeal may serve on the hearing panel.

(4)  Evidence of program or institutional changes implemented after the state superintendent's decision for denial is not admissible at the hearing.

(5)  Based on the evidence presented at the hearing and the recommendation of the hearing panel, the state superintendent or designee shall affirm, modify or reverse the decision that is the subject of the appeal. If the decision is affirmed, the state superintendent may require the appellant either to agree in writing to meet conditions established by the state superintendent to comply with this chapter or withdraw approval of the program leading to licensure. If program approval is withdrawn, the institution shall provide notice to prospective and currently enrolled students of non-approval of the program leading to licensure.

History: Cr. Register, April, 2000, No. 532 , eff. 5-1-00.