(a) In an appeal to the commissioner under AS 14.03.250, the commissioner shall review the record before the local school board. The commissioner may request written supplementation of the record from the applicant or the local school board. The commissioner may

Terms Used In Alaska Statutes 14.03.253

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • board: means the state Board of Education and Early Development. See Alaska Statutes 14.60.010
  • commissioner: means the commissioner of education and early development. See Alaska Statutes 14.60.010
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • school board: means the school board of a borough or city school district or a regional educational attendance area. See Alaska Statutes 14.60.010
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
(1) remand the appeal to the local school board for further review;
(2) approve the charter school application and forward the application to the state Board of Education and Early Development with or without added conditions; or
(3) uphold the decision denying the charter school application; if the commissioner upholds a local school board’s decision to deny a charter school application and the applicant appeals to the State Board of Education and Early Development, the commissioner shall immediately forward the application and record to the state Board of Education and Early Development.
(b) In an appeal to the state Board of Education and Early Development of a denial of a charter school application under (a)(3) of this section, the state board shall determine, based on the record, whether the commissioner’s findings are supported by substantial evidence and whether the decision is contrary to law. The state board shall issue a written decision within 90 days after an appeal.
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