the appeal process provided below, the findings and decision of the IRP will constitute
the final decision of the NBPTS.
III.
Appellate Review
A. A candidate or teacher may appeal a decision by the IRP by submitting a written request
for further review and payment of the required fee. The appeal should be submitted to
NBPTS and clearly marked “ATTENTION: CERTIFICATION APPEALS.”
B. All appeals must be submitted within twenty (20) calendar days of the candidate’s or
teacher’s receipt of the IRP’s written decision. If an appeal is not timely, it will not be
considered and the decision of the IRP will be final.
C. In order to have a decision by the IRP overturned, a candidate must provide substantial
evidence that the IRP made a clear error in its fact findings. Candidates should be as
specific as possible in describing any such alleged error and should provide whatever
supporting documentation they would like to submit.
D. Appeals will be decided by an Appellate Review Panel (ARP). The ARP shall consist of
three persons, each of whom shall be appointed by the Certification Council of NBPTS to
serve three (3)-year terms and shall not serve more than two (2) consecutive three (3)-
year terms. All ARP members shall be “teaching professionals” defined as persons who
spend half or more of their work time in direct contact with PreK - 12 children in a
teaching capacity, or in serving as mentors or coaches to teachers and their students in
an instructional setting. The majority of the ARP members shall be National Board
Certified Teachers. No panel member may serve more than two consecutive three-year
terms. A member of the ARP may resign at any time by notifying the Certification
Council of NBPTS in writing. Such resignation shall take effect at the time specified by
the resigning member, or, if no time is specified, on receipt by the Certification Council
of the notice of resignation.
E. Action by the ARP shall be by majority vote, with at least two supporting votes required
for any decision. The ARP may meet in person, by telephone, or by videoconferencing.
F. A member of the ARP shall not participate in any decision where either the member or
the Certification Council of NBPTS determines that a disinterested third party could
reasonably question whether the member is able to act fairly and impartially. If one or
more members of the ARP cannot participate in a given appeal, the Certification Council
shall appoint one or more persons on an interim basis if necessary for the appeal to be
decided, provided that any replacement member must also be qualified to serve on the
ARP.
G. The ARP may request additional information from a candidate or teacher who is
appealing a decision by the IRP. Candidates and teachers shall cooperate in good faith
and on a timely basis with any such request. The ARP may also ask NBPTS staff to
provide information that the ARP believes may be relevant to an appeal.
H. In almost all instances, the ARP will decide the appeal on the basis of the written record.
The ARP may, in its sole discretion, schedule an oral hearing if it believes that a hearing
is warranted, to be held at a time and place to be determined by the ARP.
I. Absent unusual circumstances, the ARP will decide all appeals within ninety (90)
calendar days after it receives a candidate’s appeal letter. Requests by the ARP for
additional information might result in a longer decision period.
J. After reviewing a candidate’s appeal letter, supporting documentation, and any other
information that the ARP deems relevant to the appeal, and conducting any hearing that
the ARP believes to be warranted, the ARP shall provide the candidate with written
notice of the ARP’s decision. If the ARP overturns the decision of the IRP in any respect,
the written notice shall so state and shall inform the candidate of the ARP’s findings and