113
(A) constitutes gross negligence;
(B) constitutes an intentional tort; or
(C) is criminal in nature.
(2) COMMON
LAW
IMMUNITY
PRESERVED.—
Paragraph (1) shall not be construed to abrogate
any immunity under common law of a person de-
scribed in such paragraph.
SEC. 2162. CHARTER RENEWAL.
(a) TERM.—A charter granted to a public charter
school shall remain in force for a 5-year period, but may
be renewed for an unlimited number of 5-year periods.
(b) APPLICATION FOR CHARTER RENEWAL.—In the
case of a public charter school that desires to renew its
charter, the Board of Trustees of the school shall file an
application to renew the charter with the eligible charter-
ing authority that granted the charter not later than 120
days before the expiration of the charter. The application
shall contain the following:
(1) A report on the progress of the public char-
ter school in achieving the goals, student academic
achievement expectations, and other terms of the ap-
proved charter.
(2) All audited financial statements for the pub-
lic charter school for the preceding 4 years.
114
(c) APPROVAL
OF CHARTER RENEWAL APPLICA-
TION.—The eligible chartering authority that granted a
charter shall approve an application to renew the charter
that is filed in accordance with subsection (b) unless the
authority determines that—
(1) the school committed a material violation of
the conditions, terms, standards, or procedures set
forth in the charter; or
(2) the school failed to meet the goals and stu-
dent academic achievement expectations set forth in
the charter.
(d) PROCEDURES FOR CONSIDERATION OF CHARTER
RENEWAL.—
(1) NOTICE OF RIGHT TO HEARING.—An eligi-
ble chartering authority that has received an appli-
cation to renew a charter that is filed by a Board
of Trustees in accordance with subsection (b) shall
provide to the Board written notice of the right to
an informal hearing on the application. The eligible
chartering authority shall provide the notice not
later than 15 days after the date on which the au-
thority received the application.
(2) REQUEST FOR HEARING.—Not later than
15 days after the date on which a Board of Trustees
receives a notice under paragraph (1), the Board
115
may request, in writing, an informal hearing on the
application before the eligible chartering authority.
(3) DATE AND TIME OF HEARING.—
(A)
NOTICE.—Upon
receiving
a
timely
written request for a hearing under paragraph
(2), an eligible chartering authority shall set a
date and time for the hearing and shall provide
reasonable notice of the date and time, as well
as the procedures to be followed at the hearing,
to the Board.
(B)
DEADLINE.—An
informal
hearing
under this subsection shall take place not later
than 30 days after an eligible chartering au-
thority receives a timely written request for the
hearing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering au-
thority shall render a final decision, in writing,
on an application to renew a charter—
(i) not later than 30 days after the
date on which the authority provided the
written notice of the right to a hearing, in
the case of an application with respect to
which such a hearing is not held; and
116
(ii) not later than 30 days after the
date on which the hearing is concluded, in
the case of an application with respect to
which a hearing is held.
(B) REASONS FOR NONRENEWAL.—An eli-
gible chartering authority that denies an appli-
cation to renew a charter shall state in its deci-
sion, in reasonable detail, the grounds for the
denial.
(5) ALTERNATIVES
UPON
NONRENEWAL.—An
eligible chartering authority that denies an applica-
tion to renew a charter granted to a public charter
school, or whose decision approving such an applica-
tion is reversed under section 2162(e), may—
(A) manage the school directly until alter-
native arrangements can be made for students
at the school; or
(B) place the school in a probationary sta-
tus that requires the school to take remedial ac-
tions, to be determined by the authority, that
directly relate to the grounds for the denial.
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision
by an eligible chartering authority to deny an
117
application to renew a charter shall be subject
to judicial review.
(B) STANDARD OF REVIEW.—A decision by
an eligible chartering authority to deny an ap-
plication to renew a charter shall be upheld un-
less the decision is arbitrary and capricious or
clearly erroneous.
(e) BOARD OF EDUCATION RENEWAL REVIEW.—
(1) NOTICE OF DECISION TO RENEW.—An eligi-
ble chartering authority, other than the Board of
Education, that renders a decision to approve an ap-
plication to renew a charter granted to a public
charter school—
(A) shall provide a copy of the decision to
the Superintendent, the Board of Education,
and the school not later than 3 days after the
decision is rendered; and
(B) shall publish the decision in the Dis-
trict of Columbia Register not later than 5 days
after the decision is rendered.
(2)
RECOMMENDATION
OF
SUPERINTEND-
ENT.—Not later than 30 days after an eligible char-
tering authority provides a copy of a decision ap-
proving an application to renew a charter to the Su-
perintendent under paragraph (1), the Superintend-
118
ent may recommend to the Board of Education, in
writing, that the decision be reversed.
(3) STANDARD OF REVIEW BY BOARD OF EDU-
CATION.—The Board of Education may concur in a
recommendation of the Superintendent under para-
graph (2), and reverse a decision approving an appli-
cation to renew a charter granted to a public charter
school, if the Board of Education determines that—
(A) the school failed to meet the goals and
student academic achievement expectations set
forth in the charter, in the case of a school that
has a student body the majority of which com-
prises students with special needs; or
(B) the average test score for all students
enrolled in the school was less than the average
test score for all students enrolled in the Dis-
trict of Columbia public schools on the most re-
cently administered the district-wide assess-
ments, in the case of a school that has a stu-
dent body the majority of which does not com-
prise students with special needs.
(4) PROCEDURES FOR REVERSING DECISION.—
(A) NOTICE OF RIGHT TO HEARING.—In
any case in which the Board of Education is
considering reversing a decision approving an
119
application to renew a charter granted to a
public charter school, the Board of Education
shall provide to the Board of Trustees of the
school a written notice stating in reasonable de-
tail the grounds for the proposed reversal. The
notice shall inform the Board of Trustees of the
right to an informal hearing on the proposed
reversal.
(B) REQUEST
FOR
HEARING.—Not later
than 15 days after the date on which a Board
of Trustees receives a notice under subpara-
graph (A), the Board may request, in writing,
an informal hearing on the proposed reversal
before the Board of Education.
(C) DATE AND TIME OF HEARING.—
(i) NOTICE.—Upon receiving a timely
written request for a hearing under sub-
paragraph (B), the Board of Education
shall set a date and time for the hearing
and shall provide reasonable notice of the
date and time, as well as the procedures to
be followed at the hearing, to the Board of
Trustees.
(ii) DEADLINE.—An informal hearing
under this paragraph shall take place not
120
later than 30 days after the Board of Edu-
cation receives a timely written request for
the hearing under subparagraph (B).
(D) FINAL DECISION.—
(i) DEADLINE.—The Board of Edu-
cation shall render a final decision, in writ-
ing, on the proposed reversal—
(I) not later than 30 days after
the date on which the Board of Edu-
cation provided the written notice of
the right to a hearing, in the case of
a proposed reversal with respect to
which such a hearing is not held; and
(II) not later than 30 days after
the date on which the hearing is con-
cluded, in the case of a proposed re-
versal with respect to which a hearing
is held.
(ii) REASONS FOR REVERSAL.—If the
Board of Education reverses a decision ap-
proving an application to renew a charter,
the Board of Education shall state in its
decision, in reasonable detail, the grounds
for the reversal.
(E) JUDICIAL REVIEW.—
121
(i) AVAILABILITY OF REVIEW.—A de-
cision by the Board of Education to re-
verse a decision approving an application
to renew a charter shall be subject to judi-
cial review.
(ii) STANDARD OF REVIEW.—A deci-
sion by the Board of Education to reverse
a decision approving an application to
renew a charter shall be upheld unless the
decision is arbitrary and capricious or
clearly erroneous.
SEC. 2163. CHARTER REVOCATION.
(a) CHARTER
OR LAW VIOLATIONS.—An eligible
chartering authority that has granted a charter to a public
charter school may revoke the charter if the authority de-
termines that the school has committed a violation of ap-
plicable laws or a material violation of the conditions,
terms, standards, or procedures set forth in the charter.
(b) FISCAL MISMANAGEMENT.—An eligible charter-
ing authority that has granted a charter to a public char-
ter school shall revoke the charter if the authority deter-
mines that the school—
(1) has engaged in a pattern of nonadherence
to generally accepted accounting principles;
122
(2) has engaged in a pattern of fiscal mis-
management; or
(3) is no longer economically viable.
(c) PROCEDURES FOR CONSIDERATION OF REVOCA-
TION.—
(1) NOTICE OF RIGHT TO HEARING.—An eligi-
ble chartering authority that is proposing to revoke
a charter granted to a public charter school shall
provide to the Board of Trustees of the school a
written
notice
stating
in
reasonable
detail
the
grounds for the proposed revocation. The notice
shall inform the Board of the right of the Board to
an informal hearing on the proposed revocation.
(2) REQUEST FOR HEARING.—Not later than
15 days after the date on which a Board of Trustees
receives a notice under paragraph (1), the Board
may request, in writing, an informal hearing on the
proposed revocation before the eligible chartering au-
thority.
(3) DATE AND TIME OF HEARING.—
(A)
NOTICE.—Upon
receiving
a
timely
written request for a hearing under paragraph
(2), an eligible chartering authority shall set a
date and time for the hearing and shall provide
reasonable notice of the date and time, as well
123
as the procedures to be followed at the hearing,
to the Board.
(B)
DEADLINE.—An
informal
hearing
under this subsection shall take place not later
than 30 days after an eligible chartering au-
thority receives a timely written request for the
hearing under paragraph (2).
(4) FINAL DECISION.—
(A) DEADLINE.—An eligible chartering au-
thority shall render a final decision, in writing,
on the revocation of a charter—
(i) not later than 30 days after the
date on which the authority provided the
written notice of the right to a hearing, in
the case of a proposed revocation with re-
spect to which such a hearing is not held;
and
(ii) not later than 30 days after the
date on which the hearing is concluded, in
the case of a proposed revocation with re-
spect to which a hearing is held.
(B) REASONS FOR REVOCATION.—An eligi-
ble chartering authority that revokes a charter
shall state in its decision, in reasonable detail,
the grounds for the denial.
124
(5) ALTERNATIVES UPON REVOCATION.—An el-
igible chartering authority that revokes a charter
granted to a public charter school may manage the
school directly until alternative arrangements can be
made for students at the school.
(6) JUDICIAL REVIEW.—
(A) AVAILABILITY OF REVIEW.—A decision
by an eligible chartering authority to revoke a
charter shall be subject to judicial review.
(B) STANDARD OF REVIEW.—A decision by
an eligible chartering authority to revoke a
charter shall be upheld unless the decision is
arbitrary and capricious or clearly erroneous.
SEC. 2164. DISCONTINUANCE OF ELIGIBLE CHARTERING
AUTHORITY.
(a) NOTICE.—In the case of an eligible chartering au-
thority that has granted a charter to a public charter
school and that becomes unable or unwilling to continue
to act in the capacity of an eligible chartering authority
with respect to the school, the authority shall provide writ-
ten notice of such discontinuance to the school, to the ex-
tent feasible, not later than the date that is 120 days be-
fore the date on which such discontinuance takes effect.
(b) PETITION BY SCHOOL.—A public charter school
that has been granted a charter by an eligible chartering
125
authority that becomes unable or unwilling to continue to
act in the capacity of an eligible chartering authority with
respect to the school shall file a petition with another eligi-
ble chartering authority described in subsection (c)(2).
The petition shall request that such other authority as-
sume the powers and duties of an eligible chartering au-
thority with respect to the school and the charter granted
to the school. The petition shall be filed—
(1) in the case of a public charter school that
received a timely notice under subsection (a), not
later than 120 days after such notice was received;
and
(2) in the case of a public charter school that
did not receive a timely notice under subsection (a),
not later than 120 days after the date on which the
eligible chartering authority ceases to act in the ca-
pacity of an eligible chartering authority with re-
spect to the school.
(c) CHARTERING AUTHORITIES REQUIRED TO AS-
SUME DUTIES.—
(1) IN GENERAL.—If any of the eligible char-
tering authorities described in paragraph (2) re-
ceives a petition filed by a public charter school in
accordance with subsection (b), the eligible charter-
ing authority shall grant the petition and assume the
127
(1) The Library of Congress.
(2) The National Aeronautics and Space Ad-
ministration.
(3) The Drug Enforcement Agency.
(4) The National Science Foundation.
(5) The Department of Justice.
(6) The Department of Defense.
(7) The Smithsonian Institution, including the
National Zoological Park, the National Museum of
American History, the Kennedy Center for the Per-
forming Arts, and the National Gallery of Art.
(b) DETERMINATION.—Not later than 120 days after
the date of the enactment of this Act, each agency and
institution listed in subsection (a) shall make a determina-
tion regarding whether it is feasible for the agency or in-
stitution to establish one or more public charter schools.
(c) REPORT.—Not later than 270 days after the date
of the enactment of this Act, any agency or institution
listed in subsection (a) that has not filed a petition to es-
tablish a public charter school with an eligible chartering
authority shall report to the Congress the reasons for the
decision.