Section 36.14. Appeals.

 

(1)   Receipt and filing of appeals.

(a) The parent of a pupil whose application for open enrollment has been denied by a school board may file an appeal of the decision with the state superintendent.

(b) The appeal shall be filed within 30 calendar days after the decision is delivered to the parent or postmarked, whichever occurs first.

(c) The appeal shall meet the requirements of s. PI 1.03 .

(d) The appeal shall specify what decision is being appealed and explain why the appellant believes that the decision was arbitrary or unreasonable.

(e) The state superintendent may reject an appeal if the appellant bases the appeal on factors unrelated to the school board's reason for denying the application. The state superintendent may require the appellant to provide additional explanation.

(2)   Record of the decision. Upon receipt of a written appeal filed under sub. (1) , the state superintendent shall acknowledge receipt of the appeal in writing to the appellant and to the resident and nonresident school boards. Upon receipt of the notice of appeal from the state superintendent, the respondent shall deliver to the state superintendent the record of the school board's decision. The respondent shall provide any information requested by the state superintendent.

(3)   Evidence and argument. Each party shall be provided an opportunity to submit written evidence and argument into the record. Each party shall be provided at least one opportunity to respond to evidence and argument submitted by the other party.

(4)   Procedures. The state superintendent may use any or all of the following procedures which the state superintendent determines to be appropriate in the appeal process:

(a) Provide technical assistance and information and attempt to resolve the matter informally.

(b) Conduct an investigation. If the state superintendent decides to conduct an investigation, the investigation may include an on-site review or any other activity which the state superintendent deems appropriate.

(c) Issue a decision based on a review of the record of the school board, argument from the parties, and any other matter the state superintendent deems appropriate.

(5)   Decision.

(a) The decision of the state superintendent shall be in writing stating separate findings of fact and conclusions of law. Decisions shall be served on all parties by mailing a copy to each party's last known address.

(b)

1. The state superintendent shall affirm the school board's decision unless the state superintendent finds that the decision was arbitrary or unreasonable. Except as provided in subd. 2. , the appellant must show by a preponderance of the evidence that the respondent's decision was arbitrary or unreasonable.

2. If the resident school board denied an application submitted under the alternative application procedure based on the best interests of the pupil, the resident school board must show by a preponderance of the evidence that the requested transfer is not in the pupil's best interest.

3. Only reasons specified in the written notice may be defended in an appeal filed under s. 118.51 (9) , Stats., and this section.

4. The state superintendent may not overturn a school board's decision for failure to include the information required in s. PI 36.06 (4) (c) 2. and 3. in the notice of denial.

CR 14-021 : r. and recr. Register August 2014 No. 704 , eff. 9-1-14; correction in (1) (c) made under s. 35.17 , Stats., and correction in (5) (b) 4. made under s. 13.92 (4) (b) 7. , Stats., Register July 2016 No. 727 .