180-19-240  <<  180-19-250 >>   180-19-260

Oversight of authorizersRevocation of authorizing contract.

(1) Evidence of material or persistent failure by an authorizer to carry out its duties according to nationally recognized principles and standards for charter authorizing is grounds for revocation of an authorizer's chartering contract. This may include:
(a) Failure to comply with the terms of the authorizing contract between the authorizer and the board;
(b) Violation of a term of the charter contract between the authorizer and a charter school board;
(c) Demonstrated failure to develop and follow chartering policies and practices that are consistent with the principles and standards for quality charter authorizing developed by the National Association of Charter School Authorizers in any of the following areas, as required by RCW 28A.710.100:
(i) Organizational capacity;
(ii) Soliciting and evaluating charter applications;
(iii) Performance contracting;
(iv) Ongoing charter school oversight and evaluation;
(v) Charter renewal decision making.
(2) Notice of intent to revoke. If the board makes a determination, after due notice to the authorizer and reasonable opportunity to effect a remedy, that the authorizer continues to be in violation of a material provision of a charter contract or its authorizing contract, or has failed to remedy other identified authorizing problems:
(a) The board shall notify the authorizer in writing that it intends to revoke the authorizer's chartering authority under RCW 28A.710.120. The notification to the authorizer shall explain and document the reasons for the intent to revoke chartering authority.
(b) The authorizer shall, within thirty days of notification, submit a written response showing that the authorizer has implemented or will implement within sixty days of submitting the written response, a sufficient remedy for the violation or deficiencies that are the stated grounds for the intent to revoke chartering authority. The board shall within thirty days of receipt provide written notice to the authorizer whether it finds the proposed remedy sufficient to correct the violation or deficiencies.
(3) Notice of revocation. If the authorizer fails to provide a timely written response or if the response is found insufficient by the board to meet the requirement set forth in subsection (1) of this section:
(a) The board shall provide the authorizer with written notice of revocation of the authorizer's chartering authority. The notice of revocation shall state the effective date of revocation, which shall not be sooner than twenty days from the date of receipt of the notice of revocation by the authorizer unless a timely notice of a request for an adjudicative proceeding is filed as set forth herein.
(b) The authorizer may request an adjudicative proceeding to contest the revocation. The request for an adjudicative proceeding must be submitted in writing by the authorizer to the board within twenty days of receipt of the notice of revocation at the following address:
Old Capitol Building
P.O. Box 47206
600 Washington St. S.E., Room 253
Olympia, Washington 98504
Any adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act (APA).
[Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-250, filed 10/2/17, effective 11/2/17. Statutory Authority: RCW 28A.710.120 (1) and (7). WSR 14-08-033, § 180-19-250, filed 3/25/14, effective 4/25/14.]
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