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House Journal: Page 981: Tuesday, March 26, 2002

10 charter school, sixty days prior to revoking or the
11 date by which the contract must be renewed, but not
12 later than the last day of classes in the school year.
13 4. If the state board determines that a charter
14 school is in substantial violation of the terms of the
15 contract, the state board shall notify the school
16 board and the advisory council of its intention to
17 revoke the contract at least sixty days prior to
18 revoking a contract and the school board shall assume
19 oversight authority, operational authority, or both
20 oversight and operational authority. The notice shall
21 state the grounds for the proposed action in writing
22 and in reasonable detail. The school board may
23 request in writing an informal hearing before the
24 state board within fourteen days of receiving notice
25 of revocation of the contract. Upon receiving a
26 timely written request for a hearing, the state board
27 shall give reasonable notice to the school board of
28 the hearing date. The state board shall conduct an
29 informal hearing before taking final action. The
30 state board shall take final action to revoke or
31 approve continuation of a contract by the last day of
32 classes in the school year. If the final action to
33 revoke a contract under this section occurs prior to
34 the last day of classes in the school year, a charter
35 school student may enroll in the resident district.
36 5. The decision of the state board to revoke a
37 contract under this section is solely within the
38 discretion of the state board and is final.
39 6. A school board revoking a contract or a school
40 board or advisory council that fails to renew a
41 contract under this chapter is not liable for that
42 action to the charter school, a student enrolled in
43 the charter school or the student's parent or
44 guardian, or any other person.
45 7. In the case of a revocation or a nonrenewal of
46 the charter, the school board is exempt from the state
47 board's "Barker guidelines", as provided in 1 D.P.I.
48 App. Dec. 145 (1977).
49 Sec. 9. NEW SECTION. 256F.9 PROCEDURES AFTER
50 REVOCATION - STUDENT ENROLLMENT.

Page 8

1 If a charter school contract is revoked in
2 accordance with this chapter, a nonresident student
3 who attended the school, siblings of the student, or
4 another student who resides in the same place as the
5 student shall be determined to have shown good cause
6 as provided in section 282.18, subsection 16, and may
7 submit an application to another school district
8 according to section 282.18 at any time. Applications


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