NDAC 67-09-01-09
Appeal of disapproved application to board
Cite as N.D. Admin. Code ยง 67-09-01-09
1.
If the superintendent disapproves the district's application, the district may appeal the
superintendent's decision to the board by serving a written notice of appeal on the
superintendent, with a statement of the reasons the application should be approved, within
thirty days of the mailing of the notification of disapproval.
2.
If the district includes new information in its written notice of appeal that was not considered
by the superintendent when making the superintendent's decision, the matter shall be sent
back to the superintendent for reconsideration. If the matter is sent back to the
superintendent, the superintendent may request additional information from the district, and
the timeline for initial consideration of an application shall apply.
3.
Within sixty days of receipt of a written appeal request that does not include new information,
the board shall review the application, the superintendent's written rationale for disapproval,
and the district's statement of reasons the application should be approved, and determine
whether the application should be approved. The board may ask questions of the school
board and the school board's representatives, and the superintendent and the
superintendent's representatives. The board's decision on the district's application is final.