After assessing the Organizer’s noncompliance with the charter, as well as other relevant information, the ICSB staff will provide a written recommendation to revoke the charter agreement to the ICSB. After hearing the recommendation, the ICSB will vote on whether to revoke the Charter. If the ICSB votes to revoke the Charter, the Organizer, via the Board Chairman, and Principal will be notified within 24 hours via phone or email with a certified letter to follow. Revocation notification will include (1) the grounds for revocation; (2) a revocation date; and (3) an explanation of the appeals process timeline.
If the Organizer wishes to appeal a revocation decision, the Organizer must indicate its intention in writing within fifteen (15) business days. If an appeal is received within fifteen (15) business days of the ICSB revocation decision, an informal hearing will be held by the ICSB within twenty-five (25) business days, but no sooner than five (5) business days, from the receipt of the petition to appeal the revocation. During the hearing, ICSB staff will present the reasons and evidence supporting revocation. The Organizer, in turn, may (1) present evidence; (2) have an attorney present; (3) present witnesses to testify in opposition of the reasons given for revocation; and/or (4) provide a proposed corrective action plan. ICSB staff will arrange for space and staffing, including the appointment of an independent hearing officer (“IHO”). The IHO will consider all evidence presented and then make a recommendation to the ICSB in a formal public meeting. The ICSB’s vote on the IHO’s recommendation is considered the “final decision” regarding the revocation.
Closure Process after Revocation
The Indiana Charter School Board (“ICSB”) developed a charter school protocol “to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets” (IC 20-24-9-4.5 (a)). Additionally, the ICSB must, if a charter school closes for any reason, “oversee and work with the closing charter school to ensure a smooth and orderly closure and transition for students and parents…” (IC 12-24-9-4.5(b)). The Closure Protocol document is designed to both fulfill these statutory obligations and to provide transparency and information to ICSB-authorized schools.
The closure process has three major components: (1) notice; (2) presenting contrary evidence to closure; and (3) winding down of operations. These components are similar for both revocation and nonrenewal, though some components differ slightly. The legal difference between revocation and nonrenewal is a distinction in time. Revocation happens when an authorizer cancels the Charter for cause during the charter term (e.g., in year two). Nonrenewal takes place at the end of the charter term if an authorizer determines that another charter should not be issued.