EDUCATION
CHAPTER 52
PUBLIC CHARTER SCHOOLS
33-5209.Enforcement -- Revocation -- Appeal. (1) An authorized chartering entity shall ensure that all public
charter schools for which it approved petitions, or for which it has
responsibility, operate in accordance with the approved charter. A
public charter school or the authorized chartering entity may enter
into negotiations to revise its charter at any time. A public charter
school may petition to revise its charter at any time. The authorized
chartering entity's review of the revised petition shall be limited
in scope solely to the proposed revisions. In those instances where
a non-virtual public charter school submits a proposed charter revision
to the public charter school commission and such revision includes
a proposal to increase such public charter school's approved student
enrollment cap by ten percent (10%) or more, the commission shall
hold a public hearing on such petition. The public charter school
commission shall provide the board of the local school district in
which the public charter school is physically located, notice in writing
of such hearing, no later than thirty (30) days prior to the hearing.
The public hearing shall include any oral or written comments that
an authorized representative of the school district in which the public
charter school is physically located may provide regarding the impact
of the proposed charter revision upon the school district. Such public
hearing shall also include any oral or written comments that any petitioner
may provide regarding the impact of the proposed charter revision
upon such school district.
(2) If the
authorized chartering entity has reason to believe that the public
charter school has done any of the following, it shall provide the
public charter school written notice of the defect and provide a reasonable
opportunity to cure the defect:
(a) Committed
a material violation of any condition, standard or procedure set forth
in the approved charter;
(b) Failed
to substantially meet any of the student educational standards identified
in the approved charter;
(c) Failed
to meet generally accepted accounting standards of fiscal management;
(d) Failed
to demonstrate fiscal soundness. In order to be fiscally sound, the
public charter school must be:
(i) Fiscally
stable on a short-term basis, that is, able to service all upcoming
obligations; and
(ii) Fiscally
sustainable as a going concern, that is, able to reasonably demonstrate
its ability to service any debt and meet its financial obligations
for the next fiscal year;
(e) Failed
to submit required reports to the authorized chartering entity governing
the charter; or
(f) Violated
any provision of law.
(3) A charter
may be revoked by the authorized chartering entity if the public charter
school has failed to cure a defect after receiving reasonable notice
and having had a reasonable opportunity to cure the defect. Revocation
may not occur until the public charter school has been afforded a
public hearing and a reasonable opportunity to cure the defect, unless
the authorized chartering entity reasonably determines that the continued
operation of the public charter school presents an imminent public
safety issue, in which case the charter may be revoked immediately.
Public hearings shall be conducted by the governing authorized chartering
entity, or such other person or persons appointed by the authorized
chartering entity to conduct public hearings and receive evidence
as a contested case in accordance with section 67-5242, Idaho
Code. Reasonable notice and opportunity to reply shall include, at
a minimum, written notice setting out the basis for consideration
of revocation, a period of not less than thirty (30) days within which
the public charter school can reply in writing, and a public hearing
within thirty (30) days of the receipt of the written reply. (4) A decision
to revoke a charter or to deny a revision of a charter may be appealed
directly to the state board of education. With respect to such appeal,
the state board of education shall substantially follow the procedure
as provided in section 33-5207(5)(b),
Idaho Code. In the event the state board of education reverses a decision
of revocation, the public charter school subject to such action shall
then be placed under the chartering authority of the commission. 
Idaho Statutes