1 CCR 302-1
Rule 10.00 Revocation of the Charter School contract.
1)The Institute may revoke a charter school contract pursuant to C.R.S. § 22-30.5-511 and this Rule 10.00.
if the Institute Board determines that the Institute Charter School:
1)2)Grounds for Revocation: The Institute Board (“Board”) may revoke a Charter School Contract (“Contract”) if the Board determines that an Institute Charter School (“School”) did any of the following:
a)committed Committed a material violation of any of the conditions, standards, or procedures set forth in the Charter School cContract;
b)failed Failed to meet or make adequate progress toward achievement of the content standards,or pupil performance standards, or targets for the measures used to determine the levels of attainment of the performance indicators identified in the Charter School cContract;
c)was Was required to adopt a turnaround plan and the State Board recommended pursuant to C.R.S.§ 22-11-210 that the Institute Charter School be restructured;
d)failed Failed to meet generally accepted standards of fiscal management; or
e)Vviolated any provision of law from which the Institute Charter School was not specifically exempted.
f)If anInstitute Charter School is required to implement a turnaround plan pursuant to Section C.R.S. § 22-11-210 (2) for a second consecutive school year, theInstitute Charter School shall present to the Institute Board, in addition to the turnaround plan, a summary of the changes made by the Institute Charter School to improve its performance, the progress made in implementing the changes, and evidence, as requested by the Institute Board, that the Institute Charter School is making sufficient improvement to attain a higher accreditation category within two school years or sooner. if If the Institute Board finds that the Institute Charter School's evidence of improvement is not sufficient or if the Institute Charter School is required to implement a turnaround plan for a third consecutive school year, the Institute Board may revoke the sSchool's charter cContract.
g)At least fifteen days prior to the date on which the Institute Board will consider whether to revoke or renew a charter contract, the Institute shall provide to the Institute Board and the Institute Charter School a written recommendation, including the reasons supporting the recommendation, concerning whether to revoke or renew the charter contract.
2)3)2) Notice of Intent to Revoke The Institute Board’s process for revoking a Charter School contract is as follows:
a)The Charter School Institute Executive Director (“Executive Director”), upon reasonable belief that grounds for revocation of the cContract exist, shall notify by certified mail or electronic equivalent the governing body of the Institute Charter School of such grounds by issuing the school a nNotice of iIntent to rRevoke.
- The nNotice of iIntent to rRevoke shall set forth the alleged grounds for the proposed revocation.
b)Within thirty (30) days of receipt of the nNotice of iIntent to rRevoke, the governing body of the Institute Charter School shall respond in writing.
to each alleged ground for revocation.
- If the Institute Charter School’s admits the accuracy of the grounds of revocation response includes admissions of non-compliance with the contract or applicable law, the response must also contain a description of the Institute Charter School’s plan and timeline for correcting the the non-compliance with the contract or applicable lawdeficiencies (“Plan of Correction”).
- If the Institute Charter School’sresponse includes a denialies the accuracy of the grounds of revocation of non-compliance with the contract or applicable law, the response shall include sufficient documentation or other evidence to support a denial of non-compliance with the contract or applicable lawits position.
- If the Institute Charter School does not respond by the deadline, the accuracy of the grounds of revocation shall allegations in the notice of intent may be deemed to have been admitted.
c)In addition to responding in writing, School representatives may also choose to meet with the Executive Director or his/her designee.
- This meeting must also occur within thirty (30) days of receipt of the Notice of Intent to Revoke.
- This meeting may occur in person, by phone, by video or any other means mutually agreed upon between the School and the Institute.
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c)Plan of Correction.
d)Within fifteen fourteen (1514) days of receipt of the Institute Charter School’s written response,or after a meeting with the Institute Charter School representatives, the Charter School Executive Director shall review the response and determinecide whether a reasonable plan for correcting the deficiencies can be formulatedto withdraw the Notice of Intent to Revoke or proceed with a revocation hearing.
i.The Executive Director may withdraw If the Charter School Institute Executive Director determines that a reasonable plan for correcting the deficiencies set forth in the Notice of Intent to Revoke can be formulated, the Charter School Institute Executive Director shall develop a plan for correcting the non-compliance ("Plan of Correction"). In developing a Plan of Correction, the Charter School Institute Executive Director is permitted to adopt, modify or reject some or all of the Institute Charter School’s response for correcting the deficiencies outline in the Notice of Intent to Revoke.
e)Tthe Notice of Intent to Revoke may be withdrawn if the Charter School Institute Executive Director determines any of the followingif he/she determines:
i)the Institute Charter School’s denial of non-compliance is persuasive;
ii)the non-compliance set forth in the notice of intent to revoke has been corrected by the Institute Charter School;
iii)the Charter School Institute Executive Director determines that a reasonable plan for correcting the deficiencies set forth in the notice of intent to revoke can be formulated, the Institute Charter School has developed such a plan, and that there is a reasonable likelihood that the school will effectively implement the plan; or
iv)i)the Institute Charter School has successfully completed the Plan of Correction.The School’s Plan of Correction is reasonable and likely to correct the identified deficiencies within an acceptable amount of time;
v)ii)The School’s response addressed the perceived deficiencies in the Notice of Intent to Revoke in a satisfactory manner; or
vi)iii)There is any other good reason to do so.
4)Revocation Hearing3)
a)The The Charter School Institute Executive Director shall initiate a revocation hearing before the Institute Board if the Charter School Institute Executive Directorhe/she determines that, after proceeding through the Notice of Intent to Revoke process, grounds for revocation of the Contract exist.
a) one or more of the following has occurred:
b)
1)the Institute Charter School has failed to respond to the notice of intent to revoke.
2)the Institute Charter School’s response admits violations of the Charter School contract or applicable law which the Charter School Institute Executive Director deems cannot be remedied or cannot be remedied in an appropriate period of time, or for which the Charter School Institute Executive Director determines that a plan of correction cannot be formulated or effectively implemented;
3)the Institute Charter School’s response contains denials that are not supported by sufficient documentation or other evidence showing compliance with the Charter School contract or applicable law;
c)the Institute Charter School has not complied with Part or all of a plan of correction established in Rule10.2(f); or
d)the Charter School Institute Executive Director believes that emergency circumstances exist that would justify revocation.
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b)4) The Charter School Institute Executive Director shall send a notice of the revocation hearing to the Institute Board and to the Institute Charter School.
i.The notice of revocation hearing shall identify the reason(s)state the grounds for revoking revocation as well as a written recommendation, including reasons supporting the recommendation, concerning whether to revoke the Contract. See C.R.S. §22-30.5-511(5)(a) (stating requirement of written recommendation). the Charter School contract.
i.The notice shall also state when and where the hearing shall occur.
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f)c)5) Within thirty (30) days of receipt of a notice of revocation hearing, the Institute Board shall convene a revocation hearing.
d)Within fourteen (14) days of receipt of the notice of revocation hearing, the School shall provide a written position statement to the Board and Executive Director.
i.The School’s position statement should respond as fully as possible to the grounds for revocation and recommendation identified in the notice of revocation hearing.
ii.The School should include with its position statement exhibits, affidavits, and any other evidence it wants the Board to consider.
e)Within fourteen (14) days of receipt of the School’s position statement, the Executive Director may provide to the Board and the School a written reply, which may include documentation to support its reply.
i.The reply may not raise new grounds for revocation.
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f)6) At Tthe revocation hearing,shall be held at a location, date and time as determined by the Charter School Institute Executive Director or his/her designee . Each party shall submit its position 10 days in advance, in writing, and mail or deliver its position statement to the other party. The Charter School Institute Executive Director or his or her designee and the Institute Charter School or its designeeor its designee, shall each have thirty minutes to make their presentation to the Institute Board, during which time Institute Board members may question the parties.
g)After the parties’ presentations, Board members may discuss among themselves whether to revoke the Contract. This discussion shall take place in open session and in compliance with the Open Meetings Law.
g)Although each party is permitted to submit affidavits and exhibits in support of their positions, the Institute Board will not hear testimony from any witnesses for either side.
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h)7) The Institute Board shall decide whether to revoke the Contract will rule on the revocation by resolution, and a copy of the resolution will shall be provided to the Institute Charter School’s governing Board, the Charter School Institute Executive Director, and to the State Board.
i.The resolution shall state the Board’s reasons for the revocation.
i.ii.The resolution shall also state the effective date of the revocation, recognizing that the State Board may review the Board’s decision to revoke.
5) 8) Any decision to revoke a Contract may be reviewed by the State Board pursuant to C.R.S. § 22-30.5-511(6).
a)If the School wishes to appeal the revocation, it shall provide the Board and the State Board with a notice of appeal within thirty (30) days after the Board’s decision to revoke.
a)If the Institute Board votes to revoke the Charter School contract, the revocation shall be effective as of the date of the Institute Board’s act of revocation, or at a later date as determined by the
Institute Board.
96) Notwithstanding any other provision of atheCharter School cContract, monies remaining in the School’s accounts upon revocation of the Contract revert to the Institute. See C.R.S. § 22-30.5-513.5(9)(b). any state school finance act funds received by the Institute Board for a school whose charter has been revoked will be returned to the school finance funding account.
107) Notwithstanding the above procedures for revocation, if the Charter School Institute Executive
Director determines that immediate action to revoke a Charter School contract is necessary to protect the safety of students or to preserve the school’s funds and/or property, the Institute
Board may immediately convene a revocation hearing.
a)An immediate revocation hearing shall be commenced within five (5) days of written notice to the Institute Charter School by the Charter School Institute Executive Director of the circumstances justifying immediate revocation.
b)The procedure at the hearing shall be as provided in Rule 10.6 above, except that each side shall provide its written position Statement to the other Party no later than 24 hours before the hearing.
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11) If the Institute Board revokes the Charter School contract, it shall provide written notice to the governing body of the Institute Charter School stating in detail the basis for the decision to revoke.
d)b)12) If the Institute Board revokes the Charter School contract, the governing body of the Institute Charter School may appeal the decision to the State Board by giving both the State Board and the Institute Board a notice of appeal within thirty (30) days of the date of the decision of the Institute Board to revoke the Charter School contract.