TITLE 33

EDUCATION

CHAPTER 52

PUBLIC CHARTER SCHOOLS

33-5209C.  REVOCATION OF A CHARTER. (1) A charter may be revoked by the authorizer if, after fair and specific notice from the authorizer, the public charter school:

(a)  Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required by this chapter or the performance certificate;

(b)  Fails to meet generally accepted standards for fiscal management; or

(c)  Substantially violates any material provision of law from which the public charter school was not exempted.

(2)  Revocation may not occur until the charter holder has been afforded a public hearing, unless the authorizer determines that the continued operation of the public charter school presents an imminent public safety issue, in which case the charter may be revoked immediately. Public hearings shall be conducted by the authorizer or such other person or persons appointed by the authorizer to conduct public hearings and receive evidence as a contested case in accordance with the provisions of section 67-5242, Idaho Code. Notice and opportunity to reply shall include, at a minimum, written notice setting out the basis for consideration of revocation, a period of not less than thirty (30) days within which the charter holder can reply in writing, and a public hearing within thirty (30) days of the receipt of the written reply. If a charter holder does not reply by the date set in the notice, a public hearing shall be held no later than sixty (60) days after the date the notice was sent by the authorizing charter entity.

(3)  If an authorizer revokes a charter, the authorizer in a resolution of its governing body shall clearly state the reasons for the revocation. The authorizer shall take into consideration whether the charter school has been enrolled in the Idaho building capacity program and any progress reported by the state department of education.

(4)  Within fourteen (14) days of taking action to revoke a charter, the authorizer shall report to the state board of education the action taken and shall provide a copy of the report to the charter holder at the same time. The report shall include a copy of the authorizer’s resolution setting forth the action taken, reasons for the decision, and assurances as to compliance with the requirements set forth in this chapter.

(5)  A decision to revoke 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:

[33-5209C, added 2024, ch. 9, sec. 29, p. 78.]