§ 16-77-5.1 Oversight by commissioner. (a) Individuals or groups may complain to a charter public school's governing body concerning any claimed violation of the provisions of this chapter by the school. If, after presenting their complaint to the governing body, the individuals or groups believe their complaint has not been adequately addressed, they may submit their complaint to the commissioner who shall hear and decide the issue pursuant to §§ 16-39-1 and 16-39-2.
(b) Charter public school approval for establishment or continuation shall be for up to a five (5) year period. In either case, board of regents approval is required. However, the charter may be revoked at any time if the school:
(1) Materially violates provisions contained in the charter;
(2) Fails to meet or pursue the educational objectives contained in the charter;
(3) Fails to comply with fiscal accountability procedures as specified in the charter;
(4) Violates provisions of law that have not been granted variance by the board of regents; or
(5) After three (3) consecutive years of operation, is not a "high-performing charter school," defined as a charter public school that has demonstrated overall success, including: (i) Substantial progress in improving student achievement; and (ii) The management and leadership necessary to establish a thriving, financially viable charter public school.
(c) After denying or prior to non-renewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in controversy under § 16-39-1.
(d) The establishment of new charter public schools shall be
contingent upon state approval and appropriation.
(P.L. 2010, ch. 84, § 3; P.L. 2010, ch. 107, § 3.)