§302B-14  Accountability; probationarystatus; revocation of charter.  (a)  Every charter school shall conductannual self-evaluations that shall be submitted to the panel within sixtyworking days after the completion of the school year, or in accordance withreporting requirements adopted by the panel.  The self-evaluation process shallinclude but not be limited to:

(1)  The identification and adoption of benchmarks tomeasure and evaluate administrative and instructional programs;

(2)  The identification of any innovations or researchthat may assist other public schools;

(3)  The identification of any administrative andlegal barriers to meeting the adopted benchmarks, and recommendations forimprovements and modifications to address the barriers;

(4)  An evaluation of student achievement within thecharter school;

(5)  A profile of the charter school's enrollment andthe community it serves, including a breakdown of regular education and specialeducation students; and

(6)  An evaluation of the school's organizationalviability.

(b)  The panel shall conduct a multi-yearevaluation of each charter school on its fourth anniversary year and every fiveyears thereafter.  The panel may from time to time establish a schedule tostagger the multi-year evaluations.

(c)  The panel may conduct special evaluationsof charter schools at any time.

(d)  The panel may place a charter school onprobationary status; provided that:

(1)  The panel evaluates the charter school or reviewsan evaluation of the charter school;

(2)  The panel and the office are involved insubstantive discussions with the charter school regarding the areas ofdeficiencies;

(3)  The notice of probation is delivered to thecharter school and specifies the deficiencies requiring correction, the probationperiod, and monitoring and reporting requirements;

(4)  For deficiencies related to student performance,a charter school shall be allowed two years to improve student performance;

(5)  For deficiencies related to financial plans, acharter school shall be allowed one year to develop a sound financial plan; and

(6)  For deficiencies related to organizationalviability, a charter school may be allowed one year to improve administrativecompliance.

The charter school shall remain on probationarystatus until the panel votes either to remove the charter school fromprobationary status or revoke its charter.

(e)  If a charter school fails to resolvedeficiencies by the end of the probation period, the panel may revoke thecharter; provided that the vote of two-thirds of all the members to which thepanel is entitled shall be required to revoke the charter.

(f)  The panel may place a charter school onprobationary status or revoke the charter for serious student or employeehealth or safety deficiencies; provided that:

(1)  The charter school is given notice of specifichealth or safety deficiencies and is afforded an opportunity to present itscase to the panel;

(2)  The panel chair appoints a task group, which maybe an investigative task group or the office, to visit the charter school andconduct meetings with its local school board and its school community to gatherinput;

(3)  Based on its findings, the task group shallrecommend to the panel to revoke the charter, place the charter school on probation,or continue the charter;

(4)  The vote of two-thirds of all the members towhich the panel is entitled shall be required to revoke the charter;

(5)  The best interest of the school's students guideall decisions; and

(6)  After a decision to revoke a charter, the charterschool shall be allowed to remain open until a plan for an orderly shutdown ortransfer of students and assets is developed and executed, or until the schoolyear ends, whichever comes first.

(g)  If there is an immediate concern forstudent or employee health or safety at a charter school, the panel, inconsultation with the office, may adopt an interim restructuring plan that mayinclude the appointment of an interim local school board, an interim localschool board chairperson, or a principal to temporarily assume operations ofthe school; provided that if possible without further jeopardizing the healthor safety of students and employees, the charter school's stakeholders andcommunity are first given the opportunity to elect a new local school boardwhich shall appoint a new interim principal.  The board shall have theauthority to direct the panel to take appropriate action to immediately addressserious health and safety issues that may exist at a charter school in order toensure the health and safety of students and employees and mitigate significantliability to the State.

(h)  The board shall adopt rules pursuant tochapter 91 for placing charter schools on probation and for revoking a charter.

(i)  If, at any time, a charter schooldissolves or the charter is revoked, the State shall have first right, at nocost to the State, to all the assets and facilities of the charter school,except as otherwise provided by law. [L 2006, c 298, pt of §2; am L 2007, c115, §13; am L 2009, c 86, §6]