6 CAR § 61-109 – Right of appeal

(a) In the event a public school or public school district believes the Division of Elementary and Secondary Education has improperly determined that any public school or public school district has failed to meet the standards for accreditation, the public school district shall have a right to file a written appeal with the office of the Commissioner of Elementary and Secondary Education.
(b)
1. (1) Any appeal shall be held at an open hearing, and the decision of the State Board of Education shall be in open session.
2. (2) The appeal must be filed by the school district no later than fifteen (15) calendar days after the district receives notification of the division’s determination.
(c) The following procedures shall apply to state board hearings in which the public school district believes the division improperly determined that the public school or public school district failed to meet the standards for accreditation:
1. (1) All persons wishing to testify before the state board shall first be placed under oath by the Chair of the State Board of Education;
2. (2)
  1. (A) The division shall have up to fifteen (15) minutes to present its case to the state board.
  2. (B) The chair may allow additional time if necessary;
3. (3)
  1. (A) The appealing public school district shall have up to fifteen (15) minutes to present its case to the state board.
  2. (B) The chair may allow additional time if necessary;
4. (4) The state board may pose questions to any party at any time during the hearing;
5. (5) The state board shall then discuss, deliberate, and vote upon the matter;
6. (6) If deemed necessary, the state board may take the matter under advisement and announce its decision at a later date provided that all discussions, deliberations, and votes upon the matter take place at a public hearing; and
7. (7) The state board shall issue a written order concerning the matter.
(d) The state board may:
1. (1) Approve the classification of the public school’s or public school district’s accreditation status as determined by the division; or
2. (2) Sustain the appeal of the district.
(e) Pursuant to Arkansas Code § 6-15-203, an appeal from the ruling of the state board may be made by a public school district pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.