(a) The board of regents may revoke the charter of an independent charter school at any time, pursuant to § 16-77-5.1, if the school: (1) Materially violates any provision contained in the charter; (2) Fails to meet or pursue the educational objectives contained in the charter; (3) Fails to comply with fiscal accountability procedures as specified in the charter; (4) Violates provisions of law that have not been granted variance by the board of regents; or (5) After three (3) consecutive years of operation, is not a “high-performing charter school,” defined as a charter public school that has demonstrated overall success, including: (i) Substantial progress in improving student achievement and (ii) The management and leadership necessary to establish a thriving, financially viable charter public school. (b) After denying or prior to non-renewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in controversy under § 16-39-1.
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