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2010 SESSION
10105386DBe it enacted by the General Assembly of Virginia:
1. That §§ 22.1-212.9 and 22.1-212.10 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-212.9. Review of public charter school applications.
A. Public charter school applications shall be received and reviewed by local school boards or, in the case of a regional public charter school, by all of the relevant school boards.
Each local school board shall establish procedures for receiving, reviewing, and ruling upon applications and shall make a copy of any such procedures available to all interested parties upon request. If any such board finds the public charter school application is incomplete, the board shall request the necessary information from the charter applicant.
B. To provide appropriate opportunity for input from parents, teachers, and other interested parties and to obtain information to assist local school boards in their decisions to grant a public charter school application, local school boards may establish a procedure for public notice, comment, or hearings on public charter school applications.
C. Prior to submission of an application to a local school
board for review, the public charter school applicant may shall submit
its proposed charter application to the Board of Education for review, and
comment, and a pre-certification recommendation. The Board's review
shall examine such applications for feasibility, curriculum, financial
soundness, and other objective criteria as the Board may establish, consistent
with existing state law. The Board's review and comment shall be for the
purpose of ensuring that the application conforms with such criteria, but
and shall not include a consideration pre-certification
recommendation as to whether the application shall should be
approved by the local school board. Nothing in this section shall prevent a
school division from pre-planning a charter application before it is submitted
to the Board of Education for review and pre-certification.
§ 22.1-212.10. Decision of local board final subject
to appeal.
The decision of a local school board to grant or deny a public
charter school application or to revoke or fail to renew a charter agreement
shall be final and not subject to appeal. Following a local school
board decision to deny a public charter school application or to revoke or fail
to renew a charter agreement, the public charter school applicant shall have an
opportunity to appeal such decision to the Board of Education. The Board shall
establish the appeals process including a timeline for such appeal, and in all
cases the Board decision to grant or deny a public charter school application
shall be final. A Board decision to grant a public charter school application
shall include a time period for the initial charter or renewal of a charter.