                                 CODE OF VIRGINIA

RECONSIDERATION AND TECHNICAL ASSISTANCE; REVIEW BY BOARD (§ 22.1-212.10)

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denied, or a grantee whose charter was revoked or not renewed, shall be entitled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
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 as to the rationale for the local school board&#8217;s denial of
the public charter school application or revocation of or failure to renew the
charter agreement.

E. The Board has no authority to grant or deny a public charter school
application or to revoke or fail to renew a charter agreement but may
communicate any Board finding relating to the rationale for the local school
board&#8217;s denial of the public charter school application or revocation of
or failure to renew the charter agreement based on the documentation submitted
pursuant to subsection D 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.

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 &#xA7; 22.1-212.9.

HISTORY: 1998, cc. 748, 890; 2000, cc. 631, 1028; 2010, cc. 393, 650; 2012, cc.
702, 720; 2017, c. 513.