72-1907. Duration of operational status; renewal or revocation of charter, procedure.
72-1907
72-1907. Duration of operational status; renewal orrevocation of charter, procedure.(a) Whenever a charter school has been approved for establishment orcontinuation by the board ofeducation of a school district and the state board of education after July1, 2004, no otherapproval shall be required for a period of five school years.The board of education may considerrenewal of the operational status of the charter schoolat the conclusion of: (1) A three-year period, if thecharter was approved or renewed prior to July 1, 2004; or (2) a five-yearperiod if the charter was approved or renewed after July 1, 2004. The board ofeducation may either renew the charterand continue operation of the school, subject to approval by the state board ofeducation, or nonrenew the charter anddiscontinue operation of the school.
(b) Renewal of the operational status of the charter school shall beapproved only if the charter school has demonstrated progress in achieving theprogram goals it established pursuant to K.S.A. 72-1906, andamendments thereto. The board of education of a school district shall firstdetermine whether the charter school is demonstrating such progress. Ifapproved by the board of education, the state board shall review such progressand approve or nonrenew the charter or discontinue operation of the school.
(c) The board of education shallrevoke the charter of a school if the school:
(1) Materially violates provisions contained in the charter;
(2) fails to make progress in achieving theprogram goals contained in thecharter;
(3) fails to comply with fiscal accountability procedures as specified inthe charter; or
(4) violates rules and regulations of the stateboard of education that have not been waived by the stateboard.
(d) Prior to nonrenewing or revoking a charter, a board ofeducation shallhold a hearing on the issues in controversy. Spokespersons for the charterschool shall be provided the opportunity to present information refuting thebasis upon which the nonrenewal or revocation is premised. At least 30 daysnotice must be provided to representatives of the charter school prior to thehearing. Within 60 days after the hearing, the board of education shallannounce its decision on the nonrenewal or revocation issue. The board mayabandon the proposed nonrenewal or revocation, nonrenew or revoke the charter,or continue recognition of the charter contingent upon compliance withspecified conditions. The decision of a board of education to nonrenew orrevoke a charter shall be in writing to the charter school and shall specifythe reasons for the nonrenewal or revocation. The decision is not subjectto appeal; however, the charter schoolauthorities may renew procedures for authority to operate a charter school,or within 30 days of the decision, the charter school authorities may submit arequest to the board of education for the reconsideration of its decision andmay submit an amended petition therewith. The board shall act on such requestwithin 30 days of the request.
History: L. 1994, ch. 289, § 5;L. 2000, ch. 133, § 3;L. 2002, ch. 80, § 5;L. 2004, ch. 53, § 2; July 1.