ORGANIZATION: CHARTER RENEWAL [LAW]
The
grant of a charter does not create an entitlement to a renewal of the charter
on the same terms as it was originally issued.
1. Expiration
If the charter
holder makes timely and sufficient application for renewal of an
open-enrollment charter, the existing open-enrollment charter does not expire
until the commissioner of education has finally granted or denied the
application.
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2. Contract Restriction
A
contract term that conflicts with any commissioner rules governing
open-enrollment charter schools is superseded by the rule to the extent that
the rule conflicts with the contract term.
Upon renewal of an open-enrollment charter, the charter holder may not
execute an amendment to or renewal of a contract.
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3. Contract Condition
The commissioner may require, as a condition of
renewal, that the charter holder amend a contract to correct any ambiguities,
defects, or other infirmities.
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4. Reporting by Commissioner
A. Approval
A decision of the commissioner granting an application
for renewal shall be communicated to the charter holder in writing, together
with any conditions, amendments made with the consent of the charter holder,
modifications, or other requirements.
B. Denial
An adverse decision on an application for
renewal shall be communicated to the charter holder through a notice specifying
the following, either in the notice or by reference to other documents included
with the notice:
(1) The
action sought and the grounds for taking such action;
(2) The
date, time, and place for a hearing on the action sought, which shall be
provided to the charter holder and to parents/guardians of students in the
school, if requested;
(3) A
statement of the legal authority and jurisdiction under which the hearing will
be held; and
(4) A
reference to the particular sections of the statutes and rules involved.
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