6.27.1.10

APPEALS

1. A. A school district aggrieved by a decision or recommendation of the authority that is not otherwise subject to review and final decision by the council may appeal the matter to the council.

2. B. The following procedures will govern appeals.

   (1) An aggrieved district must file an appeal to the council within thirty (30) days of the authority’s decision or recommendation.

   (2) The notice of appeal, including a statement of the grounds upon which the school district is aggrieved, must be filed with the authority. The authority will forward the notice of appeal to the chair within two (2) working days of receipt of the notice of appeal.

   (3) The chairperson will inform the school district and the authority of the date, time and location of the hearing. No later than five (5) days prior to the hearing, the school district and the authority will exchange documents that will be relied upon in making presentations to the council. The authority will duplicate all documents and make copies available to council members.

   (4) At the hearing, the school district, the authority and other interested parties may make informal presentations to the council in accordance with rules of order established by the chair.

3. C. Notwithstanding Subsections A and B of this section, if a charter school requests that the school district appeal a decision or recommendation of the authority that is not otherwise subject to review and final decision by the council and which relates to a charter school facility and the school district does not file the appeal, the charter school may submit its appeal directly to the council. The charter school must submit its appeal no later than thirty (30) days after the expiration of the time period established in Paragraph (1) of Subsection B of this section.
4. D. The council will decide the matter within ten (10) days after the hearing and notify the school district and the authority of its decision.

5. E. The filing of an appeal will suspend any decision or recommendation of the authority pending a decision by the council.

   HISTORY OF 6.27.1 NMAC: [RESERVED]

[6.27.1.10 NMAC - N, 06/15/04]