No later than November 15 of each year, the law requires the authorized chartering entity to issue a public charter school performance report and charter renewal application guidance to any public charter school whose charter will expire the following year. It requires the performance report to summarize the public charter school's performance record to date, based upon the data required by the stateâ€™s charter law and the performance certificate and 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 law provides the public charter school with thirty days to respond to the performance report and submit any corrections or clarifications for the report.
The law provides that the renewal application guidance shall, at a minimum, provide an opportunity for the public charter school to present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal and describe improvements undertaken or planned for the school. The law provides that 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.
No later than December 15, the law requires the governing board of a public charter school seeking renewal to submit a renewal application to the authorized chartering entity pursuant to the renewal application guidance issued by the authorized chartering entity.
The law includes a differentiated process for the renewal of high performing charter schools.
The law requires an authorized chartering entity to renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal. It provides that an authorized chartering entity may renew or nonrenew any charter in which the public charter school failed to meet one or more of the terms of its performance certificate.
The law provides that a charter may be revoked by the authorized chartering entity if the public charter school has failed to meet any of the specific, written conditions for necessary improvements established pursuant to certain provisions of state law by the dates specified.
In making charter renewal decisions, the law requires every authorized chartering entity to 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, ensure that data used in making renewal decisions are available to the school and the public, and provide a public report summarizing the evidence basis for each decision.
Following the initial three year term, the law provides that an authorized chartering entity may nonrenew or grant renewal for an additional five years, based upon the performance of the public charter school on the performance indicators, measures and metrics contained in the performance certificate. The law provides that subsequent renewals shall be for a term of five years.
The law requires an authorized chartering entity to develop revocation and nonrenewal processes that: 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 by the authorizer; allow the charter holders a reasonable amount of time in which to prepare a response; 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; allow the charter holders to be represented by counsel and to call witnesses on their behalf; permit the recording of such proceedings; and, after a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the charter holders.
The law provides that revocation may not occur until the public charter school has been afforded a public hearing, unless the authorized chartering entity 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. The law provides that public hearings shall be conducted by the authorized chartering entity or such other person or persons appointed by the authorized chartering entity to conduct public hearings and receive evidence as a contested case. The law provides that 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 days within which the public charter school can reply in writing, and a public hearing within thirty days of the receipt of the written reply.
The law provides that if an authorized chartering entity revokes or does not renew a charter, the authorized chartering entity shall clearly state, in a resolution of its governing board, the reasons for the revocation or nonrenewal.
The law requires authorizers to have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.
The law provides that a charter contract may be transferred to any authorizing charter entity in the state, provided that the current authorizer, new authorizer, and board of the charter school agree. There is no requirement that the state approve any such transfer, though there is an opportunity to appeal to the state board of education if there is a disagreement over transferring a charter.