Iowa Admin. Code r. 281-19.12

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 281-19.12 - [Effective 11/6/2024] Oversight-corrective action-contract renewal-revocation

(1)General. The state board's monitoring, oversight, remedial actions, and enforcement actions (up to and including revocation) are governed by Iowa Code section 256E.10.

(2)Renewal guidance. The state board's renewal application guidance will, at a minimum, include the criteria that will be used when assessing charter school contract renewal decisions and provide an opportunity for the charter school to:

a. Present additional evidence beyond the data contained in the performance report.

b. Describe improvements undertaken or planned for the charter school.

c. Describe the charter school's plans, including any proposed modifications, for the next charter school contract term.

(3)Revocation or nonrenewal.

a. A charter school contract may be revoked at any time or not renewed if the state board determines that the charter school did any of the following:

(1) Committed a material violation of any of the terms, conditions, standards, or procedures under the charter school contract or this division.

(2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter school contract.

(3) Failed to meet generally accepted standards of fiscal management.

(4) Violated a provision of law from which the charter school was not exempted.

b. A decision to revoke or to not renew a charter school contract may only be by resolution of the state board and is to clearly state the reasons for the revocation or nonrenewal.

(4)Contract revocation and nonrenewal standards and procedures. The state board will develop charter school contract revocation and nonrenewal standards and procedures that do all of the following:

a. Provide the charter school with a timely notice of the possibility of revocation or nonrenewal and of the reasons therefor.

b. Allow the charter school a reasonable period of time in which to prepare a response to any notice received.

c. Provide the charter school an opportunity to submit documents and give testimony challenging the decision to revoke the charter school contract or the decision to not renew the contract.

d. Allow the charter school the opportunity to hire legal representation and to call witnesses.

e. Permit the audio or video recording of such proceedings described in paragraphs 19.12(4)"c" and "d."

f. Require a final decision to be conveyed in writing to the charter school.

Iowa Admin. Code r. 281-19.12

Adopted by IAB December 15, 2021/Volume XLIV, Number 12, effective 1/19/2022

Amended by IAB August 24, 2022/Volume XLV, Number 4, effective 8/8/2022

Adopted by IAB October 2, 2024/Volume XLVII, Number 6, effective 11/6/2024