New Hampshire Revised Statutes 194-B:16 – Charter Revocation; Probation
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I. 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.
II. 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 N.H. Rev. Stat. § 198:4-f.
(g) The school fails to comply with the reporting requirements in accordance with N.H. Rev. Stat. § 189:28, I.
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.
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.
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.
II. 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:
Terms Used In New Hampshire Revised Statutes 194-B:16
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(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 N.H. Rev. Stat. § 198:4-f.
(g) The school fails to comply with the reporting requirements in accordance with N.H. Rev. Stat. § 189:28, I.
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.
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.
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.