Appeal Process

  • If the Assistant Superintendent of Secondary Schools or designee determines that it is not in a student's best educational interest to take a virtual course, the student and the parents/guardians will be notified in writing, provided an explanation for the decision and informed that the student or parents/guardians may appeal the decision to the Board. However, if the student is receiving special education services, the student's IEP team will make the final decision regarding student enrollment in a virtual course in accordance with federal law, and the decision must be appealed through the special education process rather than through the Board.

    When enrollment is denied, the following appeal process will be utilized:

      1. The District will notify the student and the student’s family in writing of the right to appeal denial of Program enrollment to the Board of Education; and
      2. The family will provide written reasons the student should be allowed to take the virtual course.  
      3. TheAssistant Superintendent of Secondary Schoolsor designee, at such Board meeting, will provide the Board, in writing, the basis for its determination that Program enrollment was not in the student’s best educational interest; and 
      4. The written submissions by the family and theAssistant Superintendent of Secondary Schools or designee will be incorporated into Board minutes; and
      5. In addition, the student, parents/guardians and the Assistant Superintendent of Secondary Schools or designee will be allowed to present their arguments at a Board meeting during Executive Session.
      6. The Board’s written decision and the reason for that decision will be provided to the family within thirty (30) calendar days of such Board meeting; and
      7. The family may appeal the Board’s determination to the Department of Elementary and Secondary Education.  The Department shall provide their decision within seven (7) calendar days.