Section III – Charter and Performance Certificate Amendment

Pursuant to Idaho Statute §33-5206(8) and IDAPA 08.02.04.302

  1. Proposed Charter or Performance Certificate Amendment Consideration Process

    1. Except as provided in Section III.A.xii of this policy, proposed charter or performance certificate amendments shall be considered only at regularly scheduled PCSC meetings.
    2. Proposed charter or performance certificate amendments shall be submitted electronically via electronic mail, web-based file-sharing service, portable data storage device, or secure server provided by the PCSC office.
    3. Proposed charter or performance certificate amendments, other than those deemed appropriate for administrative approval in accordance with Section III.A.xii of this policy, must be submitted according to the meeting materials submission deadline described in Section I.A.ii.
    4. Proposed charter or performance certificate amendments shall be submitted in the following format:
      1. A cover letter explaining the nature of and rationale for the proposed amendments;
      2. One Adobe PDF document comprising the section(s) of the charter or performance certificate to be amended; and
      3. One Adobe PDF document comprising any supporting documentation, including budgets, if applicable.
    5. Upon initial submission to the PCSC office, proposed charter or performance certificate amendments shall be reviewed by PCSC staff. A written review shall be provided to the charter holder within thirty (30) days.
    6. One (1) revision of the proposed charter or performance certificate amendments will be accepted by PCSC staff prior to the PCSC hearing, provided it is received no later than the meeting materials submission deadline described in Section I.A.ii of this policy.
    7. The most recent, complete version of the proposed charter or performance certificate amendments in the possession of PCSC staff by 5:00 p.m. Mountain Time on the meeting materials submission deadline shall be the version provided to the PCSC.
    8. Additional revisions or supplementary documents submitted after the meeting materials submission deadline may be considered, at the discretion of PCSC staff, if relevant and substantial information was not available at the time of the materials submission deadline.
    9. A school’s current accountability designation and student-level data may be considered by the PCSC, in a manner consistent with federal and state law, for the purpose of decision-making with regard to proposed charter or performance certificate amendments.
    10. The PCSC shall approve or deny proposed charter or performance certificate amendments at the time of the hearing at which they are considered.
    11. xi. The PCSC may approve proposed charter or performance certificate amendments contingent upon specific revisions that the charter holders are directed to make to PCSC staff’s satisfaction. The PCSC’s written notice of approval shall not be issued until the revisions are approved by PCSC staff. If not finalized by written notice, the PCSC’s contingent approval shall expire effective at 8:00 a.m. Mountain Time on the date of the PCSC’s next regularly scheduled meeting.
    12. In accordance with IDAPA 08.02.04.302.02, the PCSC delegates to the Public Charter School Commission Director authority to approve minor amendments to a school’s charter or performance certificate.
  2. Standards for Charter Amendment Approval

    1. School Enrollment Expansion Eligibility
      1. Enrollment expansion proposals include proposals to broaden the range of grades served or to add additional students in grades already served by a public charter school.
      2. Enrollment expansion proposals for schools whose current academic accountability designation is honor or good standing shall be considered by the PCSC.
      3. Enrollment expansion proposals for schools whose current academic accountability designation is remediation are unlikely to succeed. Exception to this provision may be made on the basis of contextual factors impacting a school’s accountability designation.
      4. Enrollment expansion proposals for schools whose current academic accountability designation is critical shall not be considered for approval.
      5. Enrollment expansion proposals shall include documentation of the school’s capacity to serve additional students without compromising the quality of the existing program and evidence of community interest in expansion.
    2. Amendments During Non-Renewal or Revocation Proceedings

      1. During non-renewal or revocation proceedings, the PCSC shall not consider approval of amendments to sections of the charter or performance certificate that are relevant to the reasons for possible non-renewal or revocation.
      2. A school shall be considered to be in non-renewal proceedings from the time it receives written notice that PCSC staff is recommending non-renewal of the charter. The school shall remain in non-renewal proceedings until such time as the PCSC moves to renew the charter.
      3. A school shall be considered to be in revocation proceedings from the time the PCSC moves to issue a notice of intent to revoke the charter. The school shall remain in revocation proceedings until such time as the PCSC takes action to allow the school to continue operations, or until the State Board of Education overturns the PCSC’s revocation decision upon appeal.