TITLE 33

EDUCATION

CHAPTER 52

PUBLIC CHARTER SCHOOLS

33-5209A.  CHARTER RENEWALS. (1) A charter may be renewed for successive terms. An authorizer may grant renewal with specific written conditions for necessary improvements to a public charter school and a date by which the conditions must be met.

(2)  No later than September 1, the authorizer shall issue a public charter school performance report and charter renewal application guidance to any charter holder with a public charter school whose charter will expire the following year. The performance report shall summarize the public charter school’s performance record to date, based on the performance certificate, and shall provide notice of any weaknesses or concerns that may jeopardize renewal, if not timely rectified. The charter holder shall have thirty (30) days to respond to the performance report and submit any corrections or clarifications for the report.

(3)  The renewal application guidance shall, at a minimum, provide an opportunity for the charter holder to:

(a)  Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal; and

(b)  Describe improvements undertaken or planned for the school.

(4)  The renewal application guidance shall include or refer explicitly to the criteria that will guide the authorizer’s renewal decisions, which shall be based on independent fiscal audits and the performance framework set forth in the performance certificate.

(5)  No later than December 15, the charter holder seeking renewal shall submit a renewal application to the authorizer pursuant to the renewal application guidance issued by the authorizer. The authorizer shall vote on the renewal application no later than March 15; if the authorizer does not vote by March 15, the application shall be deemed approved.

(6)  In making charter renewal decisions, every authorizer shall:

(a)  Ground its decisions in evidence of the school’s performance over the term of the performance certificate;

(b)  Ensure that data used in making renewal decisions are available to the school and the public;

(c)  Take into consideration the actual and potential at-risk and economically disadvantaged makeup of the student body population as defined in section 33-1001, Idaho Code, for all grade levels;

(d)  Provide a public report summarizing the evidence basis for each decision.

(7)  An authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal for a term of twelve (12) years or, in the case of a pilot charter, a renewal term of six (6) years. An authorizer may renew for a six (6) year term or choose not to renew any charter in which the public charter school failed to meet one (1) or more of the terms of its performance certificate.

(8)  A decision not to renew a charter or to deny a revision of a charter may be appealed to the office of administrative hearings and is subject to judicial review as a contested case as set forth in chapter 52, title 67, Idaho Code.

History:

[33-5209A, added 2024, ch. 9, sec. 26, p. 77; am. 2024, ch. 302, sec. 6, p. 1018.]