Section 37-28-33 - Renewal, nonrenewal or revocation of charter(1) A charter may be renewed for successive five-year terms of duration. The authorizer may grant renewal with specific conditions for necessary improvements to a charter school and may lessen the renewal term based on the performance, demonstrated capacities and particular circumstances of each charter school.(2) Before September 30, the authorizer shall issue a charter school performance report and charter renewal application guidance to any charter school whose charter will expire the following year. The performance report must summarize the charter school's performance record to date, based on the data required by this chapter and the charter contract, and must provide notice of any weaknesses or concerns perceived by the authorizer which may jeopardize the charter school's position in seeking renewal if not timely rectified. The charter school must respond and submit any corrections or clarifications for the performance report within ninety (90) days after receiving the report.(3) The charter renewal application guidance must provide, at a minimum, an opportunity for the charter school to: (a) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;(b) Describe improvements undertaken or planned for the school; and(c) Detail the school's plans for the next charter term.(4) The charter renewal application guidance must include or refer explicitly to the criteria that will guide the authorizer's renewal decision, which must be based on the performance framework set forth in the charter contract and consistent with this chapter.(5) Before February 1, the governing board of a charter school seeking renewal shall submit a renewal application to the authorizer pursuant to the charter renewal application guidance issued by the authorizer. The authorizer shall adopt a resolution ruling on the renewal application no later than ninety (90) days after the filing of the renewal application.(6) In making each charter renewal decision, the authorizer must: (a) Ground its decision in evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;(b) Ensure that data used in making the renewal decision is available to the school and the public; and(c) Provide a public report summarizing the evidence that is the basis for the renewal decision.(7) A charter contract must be revoked at any time or not renewed if the authorizer determines that the charter school has done any of the following or otherwise failed to comply with the provisions of this chapter: (a) Committed a material and substantial violation of any of the terms, conditions, standards or procedures required under this chapter or the charter contract;(b) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;(c) Failed to meet generally accepted standards of fiscal management; or(d) Substantially violated any material provision of law which is applicable to the charter school.(8) The authorizer shall develop revocation and nonrenewal processes that: (a) Provide the governing board of a charter school with a timely notification of the prospect of revocation or nonrenewal and of the reasons for such possible closure;(b) Allow the governing board a reasonable amount of time in which to prepare a response;(c) Provide the governing board with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at an orderly proceeding held for that purpose;(d) Allow the governing board access to representation by counsel and to call witnesses on the school's behalf;(e) Permit the recording of such proceedings; and(f) After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the governing board.(9) Notwitstanding any provision to the contrary, the authorizer may not renew the charter of any charter school that, during the school's final operating year under the term of the charter contract, is designated an "F" school under the school accreditation rating system.(10) If the authorizer revokes or does not renew a charter, the authorizer must state clearly, in a resolution of adopted by the authorizer board, the reasons for the revocation or nonrenewal.(11) Within ten (10) days after taking action to renew, not renew or revoke a charter, the authorizer shall provide a report to the charter school. The report must include a copy of the authorizer board's resolution setting forth the action taken, reasons for the board's decision and assurances as to compliance with all of the requirements set forth in this chapter.Added by Laws, 2013, ch. 497, HB 369, 17, eff. 7/1/2013.