(1) In the event a complainant disagrees with the decision of a school district board of directors rendered pursuant to WAC 392-190-070
, the complainant may appeal the board's decision to the superintendent of public instruction. For purpose of hearing an appeal under this section, the superintendent of public instruction must conduct a formal administrative hearing in conformance with the Administrative Procedure Act, chapter 34.05
RCW. The superintendent of public instruction, in carrying out this duty, may contract with office of administrative hearings pursuant to RCW 28A.300.120
to hear a particular appeal. Decisions in cases appealed pursuant to this section may be made by an administrative law judge selected by the chief administrative law judge if the superintendent of public instruction delegates this authority pursuant to RCW 28A.300.120
(2) A notice of appeal must be received by the superintendent on or before the twentieth calendar day following the date upon which the complainant received written notice of the school board's decision. The notice is deemed received when the notice is delivered in person or by regular mail, registered mail, or certified mail, with return receipt requested, to the superintendent of public instruction. The notice must be in writing and must set forth (a) a concise statement of the portion or portions of the school board's decision which is appealed from, and (b) the relief requested by the complainant/appellant.
(3) Appeals to the superintendent shall be conducted de novo. The complainant/appellant must have the responsibility for prosecuting the appeal and the school district/respondent shall have the duty of defending the school district's decision or the portion of the decision appealed.
[Statutory Authority: RCW 28A.642.020
and 28A.640.020. WSR 11-09-024, § 392-190-075, filed 4/13/11, effective 5/14/11. Statutory Authority: RCW 34.05.220
[(1)](a). 89-23-001 (Order 15), § 392-190-075, filed 11/2/89, effective 12/3/89. Statutory Authority: RCW 28A.85.020
, 28A.85.030 and 28A.85.050. WSR 80-09-017 (Order 80-26), § 392-190-075, filed 7/9/80; Order 6-76, § 392-190-075, filed 5/17/76.]