Section IV – Charter and Performance Certificate Amendments

  1. Eligibility for Amendment
    1. A public charter school or its authorizer may enter into negotiations to revise a Charter or Performance Certificate at any time.
    2. The PCSC shall not approve requests for amendments if any of the following are true:
      1. The amendment proposes to increase enrollment or to change the grade levels served and the school did not meet standard on all measures of the Performance Framework, as reported on the most recent Annual Performance Report; or
      2. The amendment proposes to increase enrollment or to change the grade levels served, or to increase the rate of growth toward capacity and the school is operating on an initial Performance Certificate term; or
      3. The amendment proposes to adjust sections of the Charter or Performance Certificate that are relevant to the reasons for possible non-renewal or revocation and the PCSC has issued notification of potential non-renewal or either revocation proceedings or closure protocol have begun.
    3. Proposed Charter or Performance Certificate amendments shall include the following:
      1. A cover letter explaining the nature of and rationale for the proposed amendments; and
      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 and/or notifications to the traditional district, if applicable.
  2. Consideration of Minor Amendments
    1. The PCSC Director has the authority to approve minor amendments to a school’s Charter or Performance Certificate.
    2. Minor amendments include, but are not limited to:
      1. Changes in enrollment numbers by grade if the amendment does not impact the school’s approved enrollment capacity or grades served;
      2. Changes in enrollment capacity if the amendment does not increase the school’s approved enrollment capacity by more than 10% over the course of the Performance Certificate term and the amendment does not change the approved grade levels served;
      3. Changes to the school’s mission, vision, or key design elements to reflect strategic planning if the amendment does not significantly change the instructional model;
      4. Changes to the school’s primary attendance area for the purposes of clarifying the intent of the existing area; or
      5. Changes to the school’s Charter to include statutorily allowable enrollment preference categories.
    3. Notification of approval or denial by PCSC staff of any minor amendment will be issued to the public charter school within thirty (30) days of submission.
    4. Amended Charters or Performance Certificates shall be fully executed by both parties within thirty (30) days of receiving notification of approval.
    5. If the amended Performance Certificate or Charter is not executed by both parties within thirty (30) days of notification of approval, the amendment shall be considered failed and the Performance Certificate or Charter will revert to its state prior to the failed amendment.
  3. Consideration of Major Amendments
    1. Major amendments will be considered by the PCSC only at regularly scheduled meetings.
    2. Major amendments include, but are not limited to:
      1. Changes to the public charter school’s enrollment capacity of more than 10% over the course of the Performance Certificate term;
      2. Changes to the grade levels served by the public charter school;
      3. Changes to the school’s instructional model of such significance as to require the section of the charter to be rewritten; or
      4. Any amendment that does not otherwise qualify as minor according to Section IV.B.2.
    3. A written review by PCSC staff of any major amendment shall be issued to the charter holder within thirty (30) days of submission.
    4. Revision of the proposed Charter or Performance Certificate amendment will be accepted by PCSC staff, provided the revision is submitted no less than fifteen (15) calendar days prior to the scheduled hearing.
    5. The PCSC shall approve or deny proposed Charter or Performance Certificate amendments at the hearing at which they are considered.
    6. Amended Charters or Performance Certificates must be fully executed by both parties within thirty (30) days of approval.
    7. If the Amended Performance Certificate or Charter is not executed by both parties within thirty (30) days of approval, the amendment shall be considered failed and the Performance Certificate or Charter will revert to its state prior to the failed amendment.