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Appeals

County Board

Appeals

The Tuolumne County Board of Education conducts appeals on interdistrict transfers and student expulsions, as well as charter school appeals. Below you’ll find information and policies on each type of appeal.

Interdistrict Attendance

Appeals

One of the duties and responsibilities of the Tuolumne County Board of Education is to rule on interdistrict attendance when a pupil’s parent or legal guardian files an appeal after either the district of residence or the district of desired attendance has been denied an interdistrict attendance request. Parents may request an Interdistrict Attendance Appeal hearing within thirty (30) calendar days after their request for interdistrict attendance has been denied by the district of residence or by the desired district of attendance, and they have exhausted the appeal process of the denying district.

Most districts have an internal appeal procedure that parents must use before filing an appeal with the Tuolumne County Board of Education. Because the appeal process for each district varies, parents will need to check with the district denying the request to determine and follow its appeals procedure.

Individuals filing an Interdistrict Attendance Appeal with the Tuolumne County Board of Education must submit copies of letters from the denying district to verify that the district’s entire appeals process has been completed.

Process & Form

Information about Interdistrict Attendance Appeals & Request for a Hearing

Board Policy

The Tuolumne County Board of Education’s adopted Board Policy guides its hearings on Interdistrict Attendance Appeals.

BP 5117: Interdistrict Attendance

Expulsion

Appeals

If a child has been expelled from school, and parents believe that the district has not followed due process, they may request an appeal hearing within thirty (30) calendar days after the district’s Governing Board has voted to expel their child. The County Board is required to base its appeal consideration upon the written record of the hearing conducted in the student’s district. The role of the County Board is to determine if the student’s due process rights were violated, which in turn resulted in the child receiving an unfair hearing.

Scope of Review

The review by the County Board of Education of the decision of the district governing board shall be limited to:

  1. Whether the district governing board acted without or more than its jurisdiction;
  2. Whether there was a fair hearing before the district governing board;
  3. Whether there was a prejudicial abuse of discretion in the hearing before the district governing board;
  4. Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the district governing board.

The decision of the County Board shall be final and binding upon the pupil and parent or guardian of the pupil, and upon the governing board of the school district.

Time Limits

Appeals must be filed with the County Board of Education within 30 calendar days of the district board’s decision to expel the student. The County Board of Education will hear the appeal within 30 school days following the filing of the request for an appeal unless a continuance is granted.

 

Expulsion Appeal Handbook

A Guide for Parents

Board Policy

Student Expulsion Appeals

Administrative Regulation

Student Expulsion Appeals

Charter School

Appeals

Charter schools are independent public schools generally exempt from Education Code provisions governing school districts. There is no cost to attend a charter school, and they are open to all students. Like traditional public schools, charters receive state funding based on a formula for each child enrolled. The Legislature intends to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure. (Ed. Code 47601.)

Petitioning to Establish a Charter School

Parents, teachers, or community members may initiate a petition to establish a charter school, which must be authorized by a local school district, a county office of education, or the State Board of Education. A charter is a contract detailing the charter school’s mission, program, goals, students served, methods of assessment, and ways to measure success. The law grants chartering authority to county boards of education and the State Board of Education under certain circumstances, such as the appeal of a petition’s denial by a school district governing Board or the direct approval of countywide benefit or statewide benefit charter schools.

The Tuolumne County Board of Education is committed to treating all charter petitions fairly and in accordance with the law. The Board cannot approve or deny a charter petition based on its philosophical belief about charter schools, any perceptions about how well the school district is meeting the needs of its students, the potential impact a charter school would have on the other educational programs of the district or the district’s facilities, or whether the charter school will negatively affect school funding, etc. Each charter petition submitted to the Board will be approved or denied based upon the criteria outlined in the law and the Board’s regulations.

Petition Submission Process

A charter petitioner wishing to apply to the County Board of Education after having a charter petition denied by a Tuolumne County school district must submit the following documents not later than 180 calendar days after the district’s denial:

  • Charter Petition: Petitioners are reminded they may not modify the petition as it was submitted to the local school district, except as necessary to reflect the County Board as the chartering entity.
  • Charter Petition Requirement Checklist: Petitioners shall review their charter and indicate each item’s page number(s).

Under normal circumstances, the Tuolumne County Board of Education will hold a public hearing on the charter’s provisions within 30 calendar days of receipt of the complete charter petition application and will approve or deny the charter within 60 calendar days. While a charter school petition may be submitted at any time during the 180 calendar day timeline, applicants are encouraged to submit petitions on a date that is two to four weeks before a regularly scheduled County Board meeting.

Legal Reference: Education Code 47605 et seq. Establishment of Charter Schools

Current Charter Petitions (Pending Review)

There are no current charter school petitions pending review.

Authorized Charter Schools

There are no current charter school petitions authorized by the County Board of Education.

Current Charter Renewals (Pending Review)

There are no current charter school renewals pending review.

 

Board Policy

BP 0420.4: Charter School Authorization

Board Policy

BP 0420.41: Charter School Oversight

Board Policy

BP 0420.42: Charter School Renewal

Board Policy

BP 0420.43: Charter School Revocation