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 and the Organizer’s at least five (5) business days before an ICSB meeting. After hearing the recommendation and supporting evidence, the ICSB will vote on the revocation of the Charter. If the ICSB votes to revoke the Charter, the Organizer, via the Board Chair, 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.
The Organizer must respond in writing within 15 business days showing cause as to why the Charter should not be revoked or proposing to cure the condition. If an appeal is received within 15 business days of the ICSB revocation decision, an informal hearing will be held by the ICSB within 25 business days of receipt of the petition for appeal but no sooner than five (5) business days from the receipt of a petition to appeal 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. The ICSB will then hear relevant public comment. After considering all evidence presented, the ICSB will make a final decision regarding 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.