Washington Code 28A.710.120 – Oversight of authorizers — Notification of identified problems — Process for revocation of authorizer’s authority — Timelines for actions
Current as of: 2023 | Check for updates
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(1) The state board of education is responsible for overseeing the performance and effectiveness of all authorizers.
Terms Used In Washington Code 28A.710.120
- Board: means the paraeducator board established in RCW 28A. See Washington Code 28A.413.010
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) Persistently unsatisfactory performance of an authorizer’s portfolio of charter schools, a pattern of well-founded complaints about the authorizer or its charter schools, a high percentage of charter school closures during the preceding 10-year period, or other objective circumstances may trigger a special review by the state board of education.
(3) In reviewing or evaluating the performance of authorizers, the state board of education must apply nationally recognized principles and standards for quality charter authorizing. Evidence of material or persistent failure by an authorizer to carry out its duties in accordance with these principles and standards constitutes grounds for revocation of the authorizing contract by the state board of education, as provided under this section.
(4) If at any time the state board of education finds that an authorizer is not in compliance with a charter contract, its authorizing contract, or the authorizer duties under RCW 28A.710.100, the board must notify the authorizer in writing of the identified problems, and the authorizer must have reasonable opportunity to respond and remedy the problems.
(5) Except as provided otherwise in subsection (7) of this section if, after due notice from the state board of education, an authorizer persists in violating a material provision of a charter contract or its authorizing contract, or fails to remedy other identified authorizing problems, the state board of education shall notify the authorizer, within a reasonable amount of time under the circumstances, that it intends to revoke the authorizer’s chartering authority unless the authorizer demonstrates a timely and satisfactory remedy for the violation or deficiencies.
(6) In the event of revocation of any authorizer’s chartering authority, the state board of education shall manage the timely and orderly transfer of each charter contract held by that authorizer to another authorizer in the state, with the mutual agreement of each affected charter school and proposed new authorizer. The new authorizer shall assume the existing charter contract for the remainder of the charter term.
(7) If the commission is the subject of the special review under this section, the state board of education shall have one year from the initiation of its review to complete the review and provide a report with findings and recommendations, including any recommendations for statutory revisions it deems necessary, to the governor, the superintendent of public instruction, and the appropriate committees of the house of representatives and the senate.
(8) The state board of education must establish timelines and a process for taking actions under this section in response to performance deficiencies by an authorizer.
[ 2023 c 356 § 6; 2016 c 241 § 112. Prior: 2013 c 2 § 212 (Initiative Measure No. 1240, approved November 6, 2012).]
NOTES:
Findings—Intent—2023 c 356: See note following RCW 28A.710.030.