TITLE 33

EDUCATION

CHAPTER 52

PUBLIC CHARTER SCHOOLS

33-5209B.  charter renewals. (1) A charter may be renewed for successive five (5) year terms of duration. An authorized chartering entity may grant renewal with specific written conditions for necessary improvements to a public charter school. Any such specific written conditions shall state the date by which the conditions must be met.

(2)  Following the initial three (3) year term, an authorized chartering entity may nonrenew or grant renewal for an additional five (5) years, based on the performance of the public charter school on the performance indicators, measures and metrics contained in the performance certificate. Subsequent renewals shall be for a term of five (5) years.

(3)  No later than November 15, the authorized chartering entity 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 data required by this chapter and the performance certificate, and shall provide notice of any weaknesses or concerns determined by the authorized chartering entity concerning the public charter school that may jeopardize its position in seeking 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.

(4)  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.

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

(6)  No later than December 15, the charter holder seeking renewal shall submit a renewal application to the authorized chartering entity pursuant to the renewal application guidance issued by the authorized chartering entity. The authorized chartering entity shall vote on the renewal application no later than March 15.

(7)  In making charter renewal decisions, every authorized chartering entity shall:

(a)  Ground its decisions in evidence of the school’s performance over the term of the performance certificate in accordance with the performance framework set forth in 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 makeup of the student body population defined by the criteria set forth in section 33-1001(3)(a) and (b), Idaho Code, for all grade levels and economically disadvantaged students;

(d)  Deem a virtual school financially sufficient if there is an agreement that requires an education service provider to assume a virtual school’s financial risk when it does not have sufficient residual funds to pay the education service provider. Where this paragraph is applicable, the education service provider shall make its audited financial statements available unless the education service provider already makes such audited financial statements publicly available for compliance with other federal or state laws; and

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

(8)  An authorized chartering entity must develop revocation and nonrenewal processes that:

(a)  Provide the charter holders with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure, which shall be limited to failure to meet the terms of the performance certificate or the written conditions established pursuant to the provisions of subsection (1) of this section;

(b)  Allow the charter holders a reasonable amount of time in which to prepare a response;

(c)  Provide the charter holders with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose;

(d)  Allow the charter holders to be represented by counsel and to call witnesses on their behalf;

(e)  Permit the recording of such proceedings; and

(f)  After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the charter holders.

(9)  An authorized chartering entity shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal. An authorized chartering entity may renew or nonrenew any charter in which the public charter school failed to meet one (1) or more of the terms of its performance certificate.

History:

[33-5209B, added 2013, ch. 343, sec. 12, p. 923; am. 2016, ch. 271, sec. 11, p. 746; am. 2023, ch. 268, sec. 7, p. 808.]