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256f-8
256F.8 PROCEDURES FOR REVOCATION OR NONRENEWAL OF
CONTRACT.
1. A contract for the establishment of a charter school may be
revoked by the state board or the school board that established the
charter school if the appropriate board determines that one or more
of the following occurred:
a. Failure of the charter school to abide by and meet the
provisions set forth in the contract, including educational goals.
b. Failure of the charter school to comply with all
applicable law.
c. Failure of the charter school to meet generally accepted
public sector accounting principles.
d. The existence of one or more other grounds for revocation
as specified in the contract.
2. The decision by a school board to revoke or to fail to take
action to renew a charter school contract is subject to appeal under
procedures set forth in chapter 290.
3. A school board considering revocation or nonrenewal of a
charter school contract shall notify the advisory council, the
parents or guardians of the students enrolled in the charter school,
and the teachers and administrators employed by the charter school,
sixty days prior to revoking or the date by which the contract must
be renewed, but not later than the last day of classes in the school
year.
4. If the state board determines that a charter school is in
substantial violation of the terms of the contract, the state board
shall notify the school board and the advisory council of its
intention to revoke the contract at least sixty days prior to
revoking a contract and the school board shall assume oversight
authority, operational authority, or both oversight and operational
authority. The notice shall state the grounds for the proposed
action in writing and in reasonable detail. The school board may
request in writing an informal hearing before the state board within
fourteen days of receiving notice of revocation of the contract.
Upon receiving a timely written request for a hearing, the state
board shall give reasonable notice to the school board of the hearing
date. The state board shall conduct an informal hearing before
taking final action. Final action to revoke a contract shall be
taken in a manner least disruptive to students enrolled in the
charter school. The state board shall take final action to revoke or
approve continuation of a contract by the last day of classes in the
school year. If the final action to revoke a contract under this
section occurs prior to the last day of classes in the school year, a
charter school student may enroll in the resident district.
5. The decision of the state board to revoke a contract under
this section is solely within the discretion of the state board and
is final.
6. A school board revoking a contract or a school board or
advisory council that fails to renew a contract under this chapter is
not liable for that action to the charter school, a student enrolled
in the charter school or the student's parent or guardian, or any
other person.
7. In the case of a revocation or a nonrenewal of the charter,
the school board is exempt from the state board's "Barker
guidelines", as provided in 1 D.P.I. App. Dec. 145 (1977). Section History: Recent Form
2002 Acts, ch 1124, §8, 16; 2003 Acts, ch 79, §7, 8
Referred to in § 282.18
