256F.8 - PROCEDURES FOR REVOCATION OR NONRENEWAL OF CONTRACT. - Iowa Statutes

256F.8 PROCEDURES FOR REVOCATION OR NONRENEWAL OF CONTRACT. 1. A contract for the establishment of a charter school may be revoked by the state board or the school board that established the charter school if the appropriate board determines that one or more of the following occurred: a. Failure of the charter school to abide by and meet the provisions set forth in the contract, including educational goals. b. Failure of the charter school to comply with all applicable law. c. Failure of the charter school to meet generally accepted public sector accounting principles. d. The existence of one or more other grounds for revocation as specified in the contract. 2. The decision by a school board to revoke or to fail to take action to renew a charter school contract is subject to appeal under procedures set forth in chapter 290. 3. A school board considering revocation or nonrenewal of a charter school contract shall notify the advisory council, the parents or guardians of the students enrolled in the charter school, and the teachers and administrators employed by the charter school, sixty days prior to revoking or the date by which the contract must be renewed, but not later than the last day of classes in the school year. 4. If the state board determines that a charter school is in substantial violation of the terms of the contract, the state board shall notify the school board and the advisory council of its intention to revoke the contract at least sixty days prior to revoking a contract and the school board shall assume oversight authority, operational authority, or both oversight and operational authority. The notice shall state the grounds for the proposed action in writing and in reasonable detail. The school board may request in writing an informal hearing before the state board within fourteen days of receiving notice of revocation of the contract. Upon receiving a timely written request for a hearing, the state board shall give reasonable notice to the school board of the hearing date. The state board shall conduct an informal hearing before taking final action. Final action to revoke a contract shall be taken in a manner least disruptive to students enrolled in the charter school. The state board shall take final action to revoke or approve continuation of a contract by the last day of classes in the school year. If the final action to revoke a contract under this section occurs prior to the last day of classes in the school year, a charter school student may enroll in the resident district. 5. The decision of the state board to revoke a contract under this section is solely within the discretion of the state board and is final. 6. A school board revoking a contract or a school board or advisory council that fails to renew a contract under this chapter is not liable for that action to the charter school, a student enrolled in the charter school or the student's parent or guardian, or any other person. 7. In the case of a revocation or a nonrenewal of the charter, the school board is exempt from the state board's "Barker guidelines", as provided in 1 D.P.I. App. Dec. 145 (1977).          Section History: Recent Form 2002 Acts, ch 1124, §8, 16; 2003 Acts, ch 79, §7, 8 Referred to in § 282.18