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2017 SESSION
17103567DBe it enacted by the General Assembly of Virginia:
1. That § 22.1-212.10 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-212.10. Reconsideration and technical assistance; review by Board.
A. If a local school board denies a public charter school
application, or revokes or fails to renew a charter agreement, it shall provide
to the applicant or grantee its reasons, in writing, for such decision, and it
shall post such reasons on its website. A public charter school applicant whose
application was denied, or a grantee whose charter was revoked or not renewed,
shall be entitled to petition the local school board for reconsideration. The
petition for reconsideration shall be filed no later than 60 days from the date
the public charter school application is denied, or the charter agreement is
revoked, or not fails to be renewed. Such
reconsideration shall be decided within 60 days of the filing of the petition.
B. Each local school board shall establish a process for reviewing petitions of reconsideration, which shall include an opportunity for public comment. The petition of reconsideration may include an amended application based on the reasons given by the local school board for such decision.
C. Prior to seeking reconsideration, an applicant or grantee may seek technical assistance from the Superintendent of Public Instruction to address the reasons for denial, revocation, or non-renewal.
D. Upon reconsideration, 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 local school board shall submit documentation to the
Board of Education as to the
rationale for the local school board's denial of the public charter school application or revocation of or failure to renew
the charter school application agreement.
E. The Board of Education shall have has no
authority to grant or deny a public charter school application or to revoke
or fail to renew a charter agreement but
may remand to the school board for further
consideration any denied application or revoked or nonrenewed
agreement in any school division in
which at least half of the schools receive funding pursuant to Title I, Part
A of the Elementary and Secondary Education Act of 1965,
P.L. 89-10, as amended, upon finding
insufficient rationale for such denial, revocation, or nonrenewal based on the
documentation submitted pursuant to subsection D.
E. F. Nothing in this section
shall prohibit an applicant whose application has been denied or a grantee
whose charter has been revoked or not renewed from submitting a new
application, pursuant to § 22.1-212.9.