2005 Idaho Code - 33-5209 — ENFORCEMENT -- REVOCATION -- APPEAL

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 52
                            PUBLIC CHARTER SCHOOLS
    33-5209.  ENFORCEMENT -- REVOCATION -- APPEAL. (1) An authorized
chartering entity shall ensure that all public charter schools for which it
approved petitions, or for which it has responsibility, operate in accordance
with the approved charter. A public charter school or the authorized
chartering entity may enter into negotiations to revise its charter at any
time. A public charter school may petition to revise its charter at any time.
The authorized chartering entity's review of the revised petition shall be
limited in scope solely to the proposed revisions.
    (2)  If the authorized chartering entity has reason to believe that the
public charter school has done any of the following, it shall provide the
public charter school written notice of the defect and provide a reasonable
opportunity to cure the defect:
    (a)  Committed a material violation of any condition, standard or
    procedure set forth in the approved charter;
    (b)  Failed to substantially meet any of the student educational standards
    identified in the approved charter;
    (c)  Failed to meet generally accepted accounting standards of fiscal
    management;
    (d)  Failed to submit required reports to the authorized chartering entity
    governing the charter; or
    (e)  Violated any provision of law.
    (3)  A charter may be revoked by the authorized chartering entity if the
public charter school has failed to cure a defect after receiving reasonable
notice and having  had a reasonable opportunity to cure the defect. Revocation
may not occur until the public charter school has been afforded a public
hearing and a reasonable opportunity to cure the defect, unless the authorized
chartering entity reasonably determines that the continued operation of the
public charter school presents an imminent public safety issue, in which case
the charter may be revoked immediately. Public hearings shall be conducted by
the governing authorized chartering entity, or such other person or persons
appointed by the authorized chartering entity to conduct public hearings and
receive evidence as a contested case in accordance with section 67-5242, Idaho
Code. Reasonable notice and opportunity to reply shall include, at a minimum,
written notice setting out the basis for consideration of revocation, a period
of not less than thirty (30) days within which the public charter school can
reply in writing, and a public hearing within thirty (30) days of the receipt
of the written reply.
    (4)  A decision to revoke a charter or to deny a revision of a charter may
be appealed directly to the state board of education. With respect to such
appeal, the state board of education shall substantially follow the procedure
as provided in section 33-5207(5)(b), Idaho Code. In the event the state board
of education reverses a decision of revocation, the public charter school
subject to such action shall then be placed under the chartering authority of
the commission.