SECTION 210:40-87-9. Applications for renewal of charter school contracts

(a)   General requirements. All applications for renewal of a charter contract must meet the requirements of 70 O.S. § 3-137. Every charter contract renewed after August 20, 2015, must incorporate the requirements of 70 O.S. § 3-135 as amended by Senate Bill 782 (2015), even if the original contract was entered prior to August 20, 2015. Prior to the beginning of the next-to-last year of operation of a charter school under its existing contract, the sponsor shall issue a charter school performance report and renewal application guidance to the school and the charter school board. Prior to the beginning of the last year of operation under its existing contract, the charter school may apply for renewal of the contract with the sponsor.

(b)   Duration of renewed charter contract. A charter contract may be renewed for successive five (5) year terms of duration. The sponsor may also vary the renewal term to a period other than five (5) years based on the performance, demonstrated capacities, and particular circumstances of each charter school. If the sponsor determines that a duration other than five (5) years is appropriate for a renewal contract, the renewal contract shall state the reason(s) for the varied term.

(c)   Renewal with conditions. A sponsor may grant renewal with specific conditions for necessary improvements to a charter school. If a sponsor grants a renewal under which specific conditions must be met, the conditions shall be explicitly stated in the renewal contract.

(d)   Performance report requirements. A charter school shall have forty-five (45) calendar days to respond to the performance report and submit any corrections or clarifications to the sponsor. The charter school performance report issued by the sponsor prior to the next-to-last year of operation shall provide to the charter school:

(1)   A summary of the performance record of the charter school to date, based on the data required by the Oklahoma Charter Schools Act and the charter contract, and taking into consideration the percentage of at-risk students enrolled in the school; and

(2)   Notice of any weaknesses or concerns perceived by the sponsor that may jeopardize the charter school's position in seeking renewal if not timely rectified.

(e)   Renewal application guidance requirements. The renewal application guidance issued by the sponsor to the charter school prior to the next-to-last year of operation shall include or explicitly refer to the criteria that will guide the renewal decisions of the sponsor, which shall be based on the performance framework set forth in the charter contract and consistent with the Oklahoma Charter Schools Act. The renewal application guidance shall, at a minimum, provide an opportunity for the charter school to:

(1)   Present additional evidence, beyond the data contained in the performance report, supporting its case for charter renewal;

(2)   Describe improvements undertaken or planned for the school; and

(3)   Detail the plan for the next charter term for the school.

(f)   Guidelines for renewal decisions. A sponsor which does not intend to renew a charter contract must give written notice of its intent to deny a request for renewal at least eight (8) months prior to the expiration of the contract. In making renewal decisions, a sponsor shall:

(1)   Ground decisions on evidence of the school's performance over the term of the charter contract, evaluated in accordance with the performance framework set forth in the contract, and taking into consideration the school's percentage of at-risk students;

(2)   Grant renewal to schools that have achieved the standards and performance expectations set forth in the contract, are organizationally and fiscally viable, and have been faithful to the terms of the contract and all applicable laws and administrative rules;

(3)   Ensure that data used in making renewal decisions are available to the school and the public; and

(4)   Provide a public report summarizing the evidence used as the basis for the decision.

(g)   Binding arbitration upon request of charter school denied renewal. If a sponsor other than a school district has denied a charter school's request for renewal, the school may request that the governing board of the sponsor proceed to binding arbitration as provided for in 70 O.S. § 3-134(G). If a school district sponsor has denied a charter school's request for renewal, the school may appeal to the State Board of Education under the procedure set forth in 210:40-87-8.

[Source: Added at 33 Ok Reg 733, eff 8-25-16]