1. (1) A recipient may appeal a corrective action plan within 14 business days after receipt of the plan, amendment to a plan, or a proposed closure to the plan, to the Board secretary, on any of the following grounds:

   1. (a) the basis or reason the Superintendent identified for imposing the corrective action plan;
   2. (b) one or more requirements contained in the corrective action plan; or
   3. (c) an action the Superintendent takes to implement the corrective action plan.

2. (2) The appeal shall:

   1. (i) identify the specific plan provisions or implementation actions at issue;

      1. (ii) include any supporting documentation; and
      2. (iii) state the relief requested.
3. (3) Except for corrective action subject to 34 CFR 76.783, the Board shall refer the matter to the Board Review and Appeals Committee (the Committee).
4. (4) The Committee shall provide information to the appellant regarding the procedures and timeline for an appeal no later than 10 days following the Committee's receipt of the appeal request.

5. (5) The Committee shall review the appeal and:

   1. (a) recommend changes to the corrective action plan;
   2. (b) refer the matter to internal audit; or
   3. (c) refer the matter to the full Board with recommendations.

6. (6)(a) Appeals under this section are conducted pursuant to Rule R277-102 to the extent applicable.

   1. (b) If a procedure is not specified in this rule, the Board may establish reasonable procedures consistent with Rule R277-102.
7. (7) The appeal shall be decided on the written record, unless the Board or its designee authorizes additional submissions or a limited hearing for good cause.
8. (8) The Committee may select a hearing officer to facilitate the appeal.
9. (9) All Committee discussions shall be conducted consistent with Title 52, Chapter 4, Open and Public Meetings Act.
10. (10) The Committee shall submit a recommendation to the Board regarding an appeal no more than 30 days following the referral to the Committee.

11. (11) The Board shall take final action on the Committee's recommendation as soon as possible but no later than 60 days following receipt of the Committee's recommendation.

    1. (a) The Board's review of the Committee's recommendation shall be based solely on the Committee's record of the appeal.
    2. (b) The Board's action on the Committee's recommendation is the final administrative action for a corrective action plan appeal.

KEY: monitoring, corrective action, oversight

Date of Last Change: February 9, 2026

Notice of Continuation: August 15, 2024

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301