§ 17:3992 — Charter revision and renewal

§3992. Charter revision and renewal
A.(1) Unless revoked as provided for in Subsection C of this Section, an approved
school charter shall be valid for an initial period of five years, contingent upon the results of
a review conducted after the completion of the fourth year as provided in R.S. 17:3998. The
charter may be renewed for additional periods of not less than three nor more than ten years
after thorough review by the approving chartering authority of the charter school's operations
and compliance with charter requirements. The chartering authority shall notify the
chartering group in writing of any decisions made relative to the renewal or nonrenewal of
a school's charter not later than January thirty-first of the year in which the charter would
expire. A notification that a charter will not be renewed shall include written explanation of
the reasons for such nonrenewal. Pursuant to Subsection C of this Section and using such
annual review process, a charter may be revoked for failure to meet agreed-upon academic
results as specified in the charter.
(2)(a) No charter shall be renewed unless the charter renewal applicant can
demonstrate, using standardized test scores, improvement in the academic performance of
pupils over the term of the charter school's existence.
(b) Each charter school shall be provided by its chartering authority with the criteria
and procedures that will be used when considering whether to renew a school's charter.
Charter renewal criteria shall include academic performance and progress indices, as well
as distinguish between charter schools with selective admissions criteria, charter schools
without selective admissions criteria, and alternative charter school educational models.
(c) A charter school which has met or exceeded for the three preceding school years
the benchmarks established for it in accordance with the school and district accountability
system, has demonstrated growth in student academic achievement for the three proceeding
schools years, and has had no significant audit findings during the term of the charter
agreement shall be deemed a high-performing school, and such school's charter shall be
automatically renewed.
(d) In instances where the state does not issue a school performance score for a
charter school, the charter school qualifies as a severe impact school as defined by the State
Board of Elementary and Secondary Education, or other extraordinary circumstances as set
forth in policy by the chartering authority, the chartering authority may extend the charter
contract term by the same length of time as the impacting occurrence.
(3) A Type 2 charter school that has been renewed as provided in this Subsection
shall be funded by the state as provided in R.S. 17:3995(A)(6).
B. Subsequent to approval, a school charter may be amended by the approving
chartering authority by an affirmative vote of at least a majority of the membership of the
chartering authority when such amendment is proposed by the charter school's governing
authority and the amendment will better permit the charter school to achieve its stated
objectives. No amendment shall be the basis of extending the duration of the original
charter.
C. A school charter may be revoked by the authority that approved its charter upon
a determination by an affirmative vote of at least a majority of the local board membership
or upon the affirmative vote of a majority of the members of the State Board of Elementary
and Secondary Education, whichever approved the charter, that the charter school or its
officers or employees did any of the following:
(1) Committed a material violation of any of the conditions, standards, or procedures
provided for in the approved charter.
(2) Failed to meet or pursue within the agreed timelines any of the academic and
other educational results specified in the approved charter.
(3) Failed to meet generally accepted accounting standards of fiscal management.
(4) Violated any provision of law applicable to a charter school, its officers, or
employees.
D.(1) As an alternative to revocation as provided for in Subsection C of this Section,
and in accordance with rules promulgated by the state board, the chartering authority may
reconstitute the governing body of the charter holder if the chartering authority determines
that the governing body of the charter holder has done one of the following:
(a) Committed a material and uncorrected violation of applicable law relative to the
finances of the school or the health, safety, or welfare of the students enrolled at the school.
(b) Failed to satisfy accountability provisions prescribed by the charter or the
chartering authority.
(c) Failed to meet generally accepted accounting standards of fiscal management.
(d) Committed material violations of the bylaws of the organization or nonprofit
laws of the state.
(e) Is imminently insolvent as determined by the chartering authority.
(2) The action that the chartering authority takes pursuant to this Subsection shall be
based on the best interest of the public charter school's students, the severity of the violation,
any previous violation that the school has committed, and the accreditation status of the
school and shall be implemented after a public hearing.
E. For each charter school which has received a letter grade designation of "A" or
"B" or any variation thereof and has met the criteria of Subparagraph (A)(2)(c) of this
Section pursuant to automatic renewal, a charter operator shall be eligible to open and
operate two additional schools that serve the same grade levels and the same enrollment
boundaries as defined in the charter agreement of the school meeting the criteria of
Subparagraph (A)(2)(c) of this Section without formal application to the chartering authority
with which the charter agreement for the school that meets the criteria of Subparagraph
(A)(2)(c) of this Section is held. The chartering group shall notify its chartering authority of
its intent to open one or two additional charter schools pursuant to this Subsection at least
one hundred twenty calendar days prior to the day on which each additional school shall
enroll students. At least ninety calendar days prior to the day on which each additional school
shall enroll students, the chartering authority shall enter into a charter agreement with the
chartering group for each additional school and shall notify the state board of its action. Acts 1997, No. 477, §1, eff. June 30, 1997; Acts 1999, No. 757, §1, eff. July 2, 1999;
Acts 2004, No. 735, §1; Acts 2008, No. 202, §1, eff. June 13, 2008; Acts 2010, No. 334, §1;
Acts 2010, No. 722, §1; Acts 2012, No. 2, §1; Acts 2024, No. 172, §1, eff. May 23, 2024.