(1) In the event the superintendent of public instruction or designee determines that a school district is not eligible under Part B of the act, or is not complying with corrective actions as a result of monitoring, state complaints, or due process decisions and the superintendent intends to withhold or recover funds in whole or in part, the school district or other public agency shall be provided:
(a) Written notice of intent to withhold or recover funds and the reasons supporting its notice;
(b) The school district's opportunity for a hearing before the superintendent of public instruction or designee prior to a denial of the request.
(2) The superintendent of public instruction shall provide an opportunity for a hearing before the OSPI disapproves the request in accordance with the following procedures:
(a) The applicant shall request the hearing within thirty days of receiving notice of the action of the superintendent of public instruction.
(b) Within thirty days after it receives a request, the superintendent of public instruction shall hold a hearing to review its action. At the hearing, the district shall have the opportunity to provide the superintendent's designee with documentary evidence demonstrating that the superintendent erred in reaching its determination.
(c) The superintendent shall consider any new evidence provided and respond in writing to the school district within thirty days, by affirming the initial determination, rescinding its initial determination, or issuing a revised determination.
(d) If the district remains unsatisfied with the superintendent's determination, it may appeal the agency's decision by filing an appeal with the office of administrative hearings within thirty days of receiving OSPI's final determination. Procedures for filing an appeal of a decision under this section shall be in accordance with the Administrative Procedure Act, chapter
34.05 RCW and chapter 10.08 WAC [
10-08 WAC].
[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-06065, filed 6/29/07, effective 7/30/07.]