This text of New Hampshire § 194-B:16 (Charter Revocation; Probation) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
I. After reasonable notice has been provided to all affected parties, the state board may revoke a school's charter prior to the expiration of its term under the following circumstances:
(a)The school commits a material violation of any of the conditions, standards, or procedures set forth in its charter application and contract.
(b)The school fails to meet generally accepted standards for fiscal management.
(c)The school significantly violates the law.
(d)The school makes a material misrepresentation in its application or contract application.
(e)The school becomes insolvent or financially unstable.
(f)The school fails to comply with the reporting requirements in accordance with RSA 198:4-f.
(g)The school fails to comply with state or federal reporting requirements.
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I. After reasonable notice has been provided to all affected parties, the state board may revoke a school's charter prior to the expiration of its term under the following circumstances:
(a) The school commits a material violation of any of the conditions, standards, or procedures set forth in its charter application and contract.
(b) The school fails to meet generally accepted standards for fiscal management.
(c) The school significantly violates the law.
(d) The school makes a material misrepresentation in its application or contract application.
(e) The school becomes insolvent or financially unstable.
(f) The school fails to comply with the reporting requirements in accordance with RSA 198:4-f.
(g) The school fails to comply with state or federal reporting requirements.
(h) The school fails to remedy the causes of its probation.
(i) The school fails to be in good standing with the charitable trust units pursuant to RSA 7.
II. Written petition to the state board to revoke a school's charter may be requested by the parent of any pupil currently attending that chartered public school, or by the school board of a host or receiving school district.
III. Before revoking a school's charter, the state board shall consult with the school board and the board of trustees on the development and implementation of a remedial plan for the school to address specific areas of concern.
IV. The state board may place a chartered public school on probationary status for up to one year to allow the implementation of a remedial plan, after which, if the plan is unsuccessful, the charter shall be revoked. The board may impose conditions on the school's charter that require the school to address specific areas of concern. Placing a school on probation signals concern about the school and permits the board to revoke a school's charter immediately if the school fails to remedy the causes of its probation. The department may require a charter school on probation to establish an escrow account in an amount determined by the department in consultation with the charter school to pay for closing, legal, and audit expenses associated with closure should that occur.
V. Nothing contained in this section shall prevent the state board from immediately revoking a school's charter in circumstances posing extraordinary risk of harm to pupils.
VI. By the end of its final contract year, the chartered public school shall meet or exceed the objective academic test results or standards and goals as set forth in its application. If the school does not meet these results or standards and goals, it shall not be eligible for renewal of its charter.
VII. If a school's charter expires or is revoked, the school shall be dissolved under the provisions of its charter application and contract. If the contract provisions are silent or ambiguous as to disposition of any asset of the school, such asset shall revert to the school district in which the chartered public school is located at no cost to that district, subject to the school district's acceptance of the asset. Under no circumstances shall the school district be liable for any obligations of the dissolved chartered public school.
VIII. If a school's charter expires or is revoked, the parent of a pupil attending that school may apply to any other chartered public school eligible to receive tuition under the provisions of this chapter adopted by the school district. The pupil's sending district shall not be relieved of its obligation to educate that pupil in accordance with the district's policies.