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2002 SESSION

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022271668
HOUSE BILL NO. 1321 Offered January 18, 2002 A BILL to amend and reenact §§ 22.1-87 and 22.1-212.10 of the Code of Virginia, relating to charter schools. ---------- Patron-- Christian ---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 22.1-87 and 22.1-212.9 of the Code of Virginia are amended and reenacted as follows:

§ 22.1-87. Judicial review.

Any parent, custodian, or legal guardian of a pupil attending the public schools in a school division who is aggrieved by an action of the school board, any person who is aggrieved by a school board's announced intent to accept or not to accept charter school applications pursuant to § 22.1-212.9, any person who has submitted an application for a charter school and who is aggrieved by a school board's grant or denial of a charter application, and any governing body of a charter school aggrieved by a school board's revocation or denial of renewal of a charter may, within thirty days after such action, announced intention, grant, denial, or revocation, petition the circuit court having jurisdiction in the school division to review the action of, announced intention, grant, denial, or revocation by the school board. Such review shall proceed upon the petition, the minutes of the meeting at which the school board's action was taken, the orders, if any, of the school board, an attested copy of the transcript, if any, of any hearing before the school board, and any other evidence found relevant to the issues on appeal by the court. The action of, announced intention, grant, denial, or revocation by the school board shall be sustained unless the school board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion.

§ 22.1-212.10. Decisions of local board subject to judicial review.

The local school board's announced intent to accept or not to accept charter school applications pursuant to § 22.1-212.9 and any decision of a local school board to grant or deny a charter school application or to revoke or fail to renew a charter agreement shall be final and not subject to appealsubject to judicial review pursuant to § 22.1-87.