Section VII – Renewal, Non-Renewal, and Revocation

  1. Renewal Standards
    1. The PCSC shall make renewal, non-renewal, or conditional renewal decisions in compliance with I.C. § 33-5209B.
    2. The PCSC shall consider a school’s demographic profile and other circumstances that may affect the school’s ability to adhere to the terms and conditions of its Performance Certificate when making renewal or non-renewal decisions.
    3. The PCSC shall base its renewal decisions on:
      1. The school’s performance outcomes as evaluated against the school’s Performance Framework; and
      2. The school’s fiscal audits; and
      3. The terms of the school’s Performance Certificate.
    4. The PCSC shall renew a charter, thereby granting a subsequent Performance Certificate term, to any public charter school that met all of the terms of its Performance Certificate (including the Performance Framework) on the Performance Report issued on the November 15th preceding the renewal decision. Schools in this category are exempt from submitting a renewal application.
    5. The PCSC may renew, non-renew, or renew with conditions any Charter in which the public charter school failed to meet one (1) or more of the terms of its Performance Certificate (including the Performance Framework).
    6. All renewals, including conditional renewals, will be for a term of five (5) years. 
    7. Conditional renewals shall include specific, written conditions for necessary improvement, including the mid-term date by which the condition(s) must be met, in the Performance Certificate. If a school fails to meet any written condition for necessary improvement by the mid-term date specified in the school’s Performance Certificate, the PCSC shall consider whether to begin revocation proceedings at the next regularly scheduled meeting, in accordance with Section VII.3 of these policies.
  2. B.  Renewal Process
    1. The PCSC shall conduct its renewal process in accordance with I.C. § 33-5209B.
    2. A performance report shall be issued by the PCSC to all schools by November 15th preceding the school’s renewal year. The performance report shall include a summary of the school’s performance record to date and, if applicable, notice of any weaknesses or concerns that may jeopardize renewal.
    3. A school may submit a response to the performance report for the purpose of providing relevant clarification or corrections within thirty (30) days of issuance.
    4. Renewal guidance and application requirements shall be provided to each schools by November 15th of its renewal year.
    5. No later than December 15th, public charter school must submit a renewal application in accordance with the Renewal Guidance Document.
    6. No later than January 15th, PCSC staff will notify the school of its proposed recommendation, including any recommended conditions and/or the prospect of non-renewal when applicable.
    7. No later than March 15th, the PCSC will hold a meeting for the purpose of making final renewal or non-renewal determinations regarding all renewal-year schools. In preparation for the meeting, the PCSC will be presented with a dossier for each school. The dossier will include at least the following:
      1. A cover sheet including the PCSC staff’s recommendation;
      2. The school’s performance report;
      3. The school’s response to the performance report, if submitted; and
      4. The school’s renewal application, including any additional evidence supporting its case for renewal and any improvements it has planned or has undertaken, as submitted by the school.
    8. All public charter schools for which the PCSC is making a renewal decision may present relevant information during the renewal-determination meeting.
    9. Any public charter school facing non-renewal may request a separate hearing. In such a case, the PCSC may delegate the hearing of evidence to a hearing officer, or may hear evidence itself.
    10. Final renewal or non-renewal determinations will be conveyed in writing to the public charter school and the State Board of Education within fourteen (14) days of the decision.
    11. A decision to non-renew may be appealed directly to the State Board of Education pursuant to I.C. § 33-5209C(8).
  3. C.  Revocation Process
    1. 1.  A public charter school that has failed to meet a specific, written condition by the date specified in the school’s current Performance Certificate may have its Charter revoked.
      1. The PCSC will annually communicate to each school in writing the public charter school’s progress toward meeting any conditions for necessary improvement included in its Performance Certificate.
      2. If a school fails to meet an established condition by the date specified in its Performance Certificate, the PCSC will consider whether to begin revocation proceedings at the next regularly scheduled commission meeting.
      3. A decision to begin revocation proceedings will be issued to the public charter school in writing.
      4. If closure proceedings must begin, the school will be notified in writing, and the school must cease to operate by June 30th of the current school year.
      5. A decision to revoke may be appealed directly to the State Board of Education pursuant to I.C. § 33-5209C(8).
    2. 2.  A public charter school with insufficient access to unrestricted cash may have its Charter revoked pursuant to I.C. § 33-5209C.
      1. If a school’s independently-audited financial report reflects fewer than fifteen (15) days of unrestricted cash on hand, the PCSC will notify the school of the prospect of closure no later than November 30th.
      2. If the school’s next consecutive independently-audited financial report (e.g., the following year) again reflects fewer than fifteen (15) days of unrestricted cash on hand, the PCSC must begin closure protocol by November 30th.
      3. If closure proceedings must begin, the school will be notified in writing, and the school must cease to operate by June 30th of the current school year.
      4. Initiation of revocation due to insufficient access to unrestricted cash may be appealed directly to the State Board of Education pursuant to I.C. ⸹ 33-5209C.
  4. Closure Protocols
    1. The implementation of closure protocol shall begin immediately following the issuance of:
      1. Written notification of the PCSC’s non-renewal decision; or
      2. Written notification of the PCSC’s decision to revoke; or
      3. Written notification of the public charter school’s decision to relinquish its Charter.
    2. Within three (3) business days of the implementation of closure protocol, representatives of the public charter school’s board and administration shall meet with staff representatives of the PCSC and the SDE to review and begin the PCSC’s closure protocol.
    3. The closure protocol must begin regardless of whether or not a school has chosen to appeal the decision.
    4. The school shall cooperate with the PCSC and the State Department of Education through the closure process, and shall perform the following actions according to PCSC closure protocol:
      1. Notify stakeholders (e.g., parents, local districts, etc.) of closure; and
      2. Develop and monitor implementation of the closure plan; and
      3. Provide educational services in accordance with the Charter and Performance Certificate until the end of the school year, or the agreed upon date when instruction will stop; and
      4. Assist students in transferring to, or applying for, enrollment at schools that meet their educational needs; and
      5. Address the school’s financial, legal and reporting obligations.