6340.00 | Termination and Non-Renewal

If the Board has reason to believe that the public charter school has done any of the following, it shall provide the pubic charter school written notice of the defect and provide a reasonable opportunity to cure the defect: [IC 33-5209 (2)] (6-24-08)

  1. Failed to substantially meet any of the student educational standards identified in the charter petition;
  2. Committed a material violation of any condition, standard or procedure set forth in the charter petition and/or contract;
  3. Failed to meet generally accepted accounting standards of fiscal management;
  4. Failed to demonstrate fiscal soundness. In order to be fiscally sound, the public charter school must be:
    1. Fiscally stable on a short-term basis, that is, able to service all upcoming obligations; and
    2. Fiscally sustainable as a going concern, that is, able to reasonably demonstrate its ability to service any debt and meet its financial obligations for the next fiscal year;
  5. Violated any provision of law;
  6. Lost substantial support of the school's parents, staff, and/or community;
  7. Failed to submit required reports to the District; H. Filed for bankruptcy or financial reorganization and is unable to pay its creditors. (6-24-08)


The Board must provide the public charter school with notice of its intent to revoke the charter, which shall be in writing and must include the reasons for such proposed action. In addition, such notice shall provide the public charter school with a reasonable opportunity to reply, which shall not be less than thirty (30) days after the date of such notice. The public charter school shall provide the Board with a corrective action plan describing the public charter school's plan to cure the defect. The corrective action plan shall describe in detail the terms and conditions by which the public charter school will cure the defect at issue, including a reasonable time frame for completion. The public charter school shall send a copy of the corrective action plan to the State Board of Education. (6-24-08)


The Board shall conduct a public hearing with respect to its intent to revoke the charter. Such hearing shall be held no later than thirty (30) days after receipt of such written reply. If the public charter school does not reply by the date set in the notice, then such hearing shall be held no later than sixty (60) days after the date the notice was sent by the Board. (6-24-08)


Written notification of the hearing shall be sent to the public charter school at least ten (10) days in advance of the hearing. The public hearing shall be conducted by the Board of Trustees of Moscow School District 281 or such other person or persons appointed by the Board to conduct public hearings and receive evidence as a contested case in accordance with Section 67-5242, Idaho Code. (6-24-08)


If the Board determines that the public charter school has not complied with the corrective action plan and cured the defect at issue, the Board may revoke the charter. Such decision may be appealed to the State Board of Education. The provisions of State Board of Education 08.02.04 - Rules Governing Public Charter Schools, Sections 403.01 through 403.08 - Appeal Relating to the Denial of a Request to Revise a Charter or a Charter Revocation Decision, shall govern the appeal. (6-24-08)


Upon non-renewal or termination of the charter school contract, all records of students residing in the District shall be immediately transferred to the District. (6-24-08)


Upon non-renewal or termination of the charter school contract, the charter school shall pay its creditors, and then transfer ownership to any remaining assets or property to the authorizing entity. (6-24-08)