LAC 28:CLXVII.521. Performance Profile Appeals Procedure

A. BESE shall have the authority to grant an appeal of a publicly-funded site or community network’s performance profile. B. The appeal procedure shall be used when needed to address unforeseen and aberrant factors impacting publicly-funded sites and community networks or when needed to address issues that arise when the literal application of the accountability system regulations does not consider certain unforeseen and unusual circumstances. Failure to complete observations or use of third-party scores are not sufficient reasons for requesting an appeal. Data corrections shall not be grounds for an appeal or waiver request as all data corrections shall be made prior to the release of profiles regardless of the source of any errors. C. A publicly-funded site or community network may request an appeal of its performance profile by submitting a written request for an appeal to the department within 15 calendar days of the department’s release of the publicly-funded site or community network’s performance profile. D. All appeal requests shall clearly state the specific reasons for requesting the appeal and the reasons why the appeal should be granted and shall include any necessary supporting documentation. E. The lead agency shall submit a written request for appeal on behalf of a community network that wishes to appeal its performance profile. F. The department shall review all timely submitted appeal requests and make a recommendation to BESE during the first regularly scheduled BESE meeting following receipt of the appeal request, or during the second regularly scheduled BESE meeting if the appeal request is received within 10 working days of the first regularly scheduled BESE meeting. Within this interval, the department shall notify the publicly-funded site or community network of its recommendation and allow the site or community network to respond in writing. The department’s recommendation and the site or community network’s response shall be submitted to BESE for final disposition.