Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(1) A charter may be revoked by the authorizer if, after fair and specific notice from the authorizer, the public charter school:
(a) Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required by this chapter or the performance certificate;
(b) Fails to meet generally accepted standards for fiscal management; or
(c) Substantially violates any material provision of law from which the public charter school was not exempted.
(2) Revocation may not occur until the charter holder has been afforded a public hearing, unless the authorizer determines that the continued operation of the public charter school presents an imminent public safety issue, in which case the charter may be revoked immediately. Public hearings shall be conducted by the authorizer or such other person or persons appointed by the authorizer to conduct public hearings and receive evidence as a contested case in accordance with the provisions of section 67-5242, Idaho Code. Notice and opportunity to reply shall include, at a minimum, written notice setting out the basis for consideration of revocation, a period of not less than thirty (30) days within which the charter holder can reply in writing, and a public hearing within thirty (30) days of the receipt of the written reply. If a charter holder does not reply by the date set in the notice, a public hearing shall be held no later than sixty (60) days after the date the notice was sent by the authorizing charter entity.
(3) If an authorizer revokes a charter, the authorizer in a resolution of its governing body shall clearly state the reasons for the revocation. The authorizer shall take into consideration whether the charter school has been enrolled in the Idaho building capacity program and any progress reported by the state department of education.
(4) Within fourteen (14) days of taking action to revoke a charter, the authorizer shall report to the state board of education the action taken and shall provide a copy of the report to the charter holder at the same time. The report shall include a copy of the authorizer's resolution setting forth the action taken, reasons for the decision, and assurances as to compliance with the requirements set forth in this chapter.
(5) A decision to revoke a charter may be appealed to the office of administrative hearings and is subject to judicial review as a contested case as set forth in chapter 52, title 67, Idaho Code.
Cite this article: FindLaw.com - Idaho Statutes Title 33. Education § 33-5209C. Revocation of a charter - last updated January 01, 2024 | https://codes.findlaw.com/id/title-33-education/id-st-sect-33-5209c/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)