256F.8 - PROCEDURES FOR REVOCATION OR NONRENEWAL OF CONTRACT.

        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