Section 340.1836. Objections to plan; procedures.

(1) Any constituent local school district, public school academy, or the parent advisory committee may file  objections   with   the intermediate school district, in whole or in part, to an approved intermediate school district plan or a plan modification that has been submitted to the superintendent of public instruction for approval. Copies of an objection to the  plan  shall,  within  7  calendar  days,  be directed to the department by the intermediate  school   district  board  of education and to all constituent local school districts, public  school academies, and the parent advisory committee by certified mail, return receipt requested. Objections filed shall specify the portions of the intermediate school district plan objected to, contain a specific statement of the reasons for objection, and shall propose  alternative provisions.

(2)   A hearing officer shall  be  designated   by  the  department  and shall promptly give reasonable notice of the hearing. The hearing shall begin not later than 30 calendar days from the date the request was filed with the department. The hearing shall be conducted according to procedures established by the department. After the appointment of the hearing officer, the objection may be withdrawn upon written stipulation   of the intermediate school district and the objecting party.

(3)   The intermediate school district, a constituent local school district, a public school academy, or the parent advisory committee may  file,   with the department, a response to the objection before the hearing.

(4)   Within 30 calendar days after the  closing  of  the  hearing,  the hearing officer shall report findings of fact and conclusions of law and shall recommend to the superintendent   of    public    instruction whether   the intermediate school district plan or  modification  to  the plan  should    be  approved  as  submitted,  approved   with such     other modifications   as   deemed  appropriate  by  the  hearing  officer,   or  the

objections granted as submitted. The findings and recommendations shall be immediately mailed by  the

department to all parties to the intermediate school district plan. Any party may file written exceptions to the findings and recommendations with the superintendent of public instruction within 20 calendar days of receipt of the findings and recommendations and direct copies of the exceptions to all other parties and the department. The findings and recommendations of the hearing officer, including any exceptions, shall be submitted to the superintendent of public instruction with the intermediate school district plan. The superintendent of public instruction shall render a final  decision within 30 calendar days from the date the exceptions were to be filed.

History: 1979 AC; 1980 AACS; 1987 AACS; 2002 AACS.