Proposed Legislation Would Change Standard of Appeals for District Authorizing Decisions
by Alex Medler
According to the Colorado League of Charter Schools (CLCS), a bill is expected in the Colorado legislature that would change the standard that the State Board of Education (SBE) applies when judging appeals of school districts’ authorizing decisions. The bill would make it more difficult to over-turn district decisions. The bill is being authored by Denver Representative, Jennifer Bacon.
Currently, the SBE can overturn district decisions they find to be, “contrary to the best interests of the pupils, school district, or community.” Representative Bacon’s bill proposes that the new standard for districts would include a “rebuttable presumption” that the district’s decision was in the best interest of the pupils, school district or community so long as the decision was based one or more of three considerations:
- “The likelihood of a conflict with the local board of education’s existing long-term plans for the school district;
- Student enrollment among the schools of the district; or
- School district financial considerations.”
Under the new language, a charter school or applicant would have to demonstrate to the SBE through a preponderance of evidence that a district decision was not based on one of these considerations.
The bill would not affect appeals of decisions by the Charter School Institute (CSI). Currently, the SBE applies a standard of “arbitrary and capricious” to CSI appeals. Charter schools and charter applicants may appeal decisions to deny a charter application, to non-renew a charter, or to impose a unilateral condition on a charter school.
CACSA does not take positions on legislation but is monitoring this issue. Look for more information if the bill is introduced.