Section 200-RICR-20-05-2.5 - Charter revocation and expiration2.5.1Good CauseWith the advice and consent of the Council, the Commissioner shall have authority to institute charter revocation proceedings. Before requesting authority to institute revocation procedures, the Commissioner, when student and the public welfare permits, shall notify the Charter school in writing specifying the facts and issues which may justify charter revocation and shall discuss with the charter school the deficiencies at issue and allow the charter school to attain compliance within a reasonable length of time. Charters may be revoked at any time for good cause as specified in R.I. Gen. Laws §§ 16-77.2-4, 16-77.3-4, and 16-7.4-4.
2.5.2 Procedure for revocationThe notice and hearing procedures required in contested cases under the Rhode Island Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) shall be used in charter revocation proceedings. At a revocation hearing a Charter may be sustained, revoked, or placed on probation. If a charter school is placed on probation, a specific period of time shall be established for the charter school to meet standards and requirements that the Commissioner deems necessary for the school to demonstrate improvement. Failure to meet these standards and requirements, as determined by the Commissioner, shall result in termination of the charter.
2.5.3Charter expirationA. Charters shall be granted for a fixed term not to exceed five years.B. Before the conclusion of this five year period, the Council may conduct a review of the school's charter. The decision by the Council to renew a charter shall be based upon the following: 1. The presentation of affirmative evidence regarding the success of the school's academic program as defined by the academic goals established in the charter for increasing academic achievement for all groups of students in which the number of students in a category is sufficient to yield statistically reliable information, including: a. Economically disadvantaged students;b. Students from major racial and ethnic groups;c. Students with disabilities; and,d. Students with limited English proficiency.2. The presentation of affirmative evidence regarding the viability of the school as an organization as defined by the organizational performance goals established in the charter; and,3. The faithfulness of the school to the terms of its charter;4. §2.2.4(B)(1) of this Part shall be weighted most heavily in the Board's decision to renew a charter.C. The Commissioner will gather evidence regarding these issues from a renewal application and from other information, including but not limited to, a school's annual reports, financial audits, test results, and site visit reports. Renewed charters shall be written according to the provisions outlined in §2.2.4(B)(8) of this Part. If the Council does not conduct renewal hearings for an existing charter, the charter shall renew for another five year period. If the Council recommends that a charter not be renewed, the charter school may request an administrative hearing, and, shall have the burden of proof to demonstrate that the school has met the terms of its charter and other applicable legal requirements.2.5.4Students affected by the revocation or expiration of a CharterIf necessary, the Commissioner of Education may use the Commissioner's authority to coordinate the education agencies of the state, including local school districts, so as to facilitate the enrollment of students from a closed charter school into other educational placements in order to ensure the continued provision of education services to those students. R.I. Gen. Laws § 16-60-6. The Commissioner shall ensure the preservation of the Charter school records. The Commissioner may require the public school system in which the Charter was located to maintain the student records of a closed Charter school.
200 R.I. Code R. 200-RICR-20-05-2.5