Charter Schools - Does the state provide an appeals process in the charter school renewal process?

Charter Schools - Does the state provide an appeals process in the charter school renewal process?

January 2016


At the present time, 43 states and the District of Columbia have enacted charter school laws, so this database contains information only for them. It does not contain any information for the 7 states that have not enacted charter school laws.

Please contact Jennifer Thomsen, 303.299.3633 or jthomsen@ecs.org with questions or comments about the database.
 

Does the state provide an appeals process in the charter school renewal process?
Alabama No
Alaska No
Arizona No
Arkansas No
California Yes. If a school district denies a charter school renewal, the charter school may appeal to the county board of education, and then the state board of education, pursuant to the procedures applicable to a denial of an original petition to establish a school.
Colorado Yes. In the case of a charter school authorized by a local school board, revocation and nonrenewal decisions may be appealed to the state board of education, which may remand the decision back to local school board for reconsideration. A second decision to revoke or not renew the charter may also be appealed to the state board of education, which may then instruct the local school board to approve the charter.

In the case of charter schools authorized by the state charter school institute, revocation and nonrenewal decisions may be appealed to the state board of education, which must remand their final decision to the state charter school institute. In both cases, the decision of the state board of education is final and not subject to appeal.

Connecticut No
Delaware Yes. If a local school board revokes a school's charter, the charter school may file for arbitration; the arbitrator's decision is final and binding. If the department of education is the authorizer, its decision to revoke a charter or place a school on probationary status is final and not subject to arbitration or judicial review.
District of Columbia Yes. A decision by an eligible chartering authority to deny an application to renew a charter is subject to judicial review by an appropriate D.C. court.
Florida Yes. If an authorizer rejects an application for a renewed charter, the charter school applicant may appeal to the charter school appeal commission. The commission's recommendation is forwarded to the state board of education, which makes the ultimate decision about the application.
Georgia No
Hawaii Yes. The state board hears appeals.
Idaho Yes. A decision to revoke or not to approve a revision of a charter may be appealed directly to the state board of education.
Illinois Yes. Notice of a local school board's decision to deny, revoke or not renew a charter may be appealed to the state charter school commission. Final decisions of the state board of education are subject to judicial review.
Indiana No
Iowa Yes. The state board hears appeals.
Kansas No. The local school board's decision to revoke or not renew a charter is not subject to appeal, although charter school authorities may submit a request for reconsideration.
Louisiana No
Maine No
Maryland No
Massachusetts No
Michigan No
Minnesota No 
Mississippi No. However, the authorizer must develop processes that allow the charter to challenge a decision before the authorizer.
Missouri No. For renewals: Beginning August first during the year in which a charter is considered for renewal, a sponsor is required to demonstrate to the state board of education that the charter school is in compliance with federal and state law and with the performance contract. The state board determines compliance and if the charter school demonstrates the objectives identified in law, the state board is required to renew the charter. 

Yes. For revocations: Final decisions of a sponsor to revoke a charter can be appealed to the state board of education. 
Nevada No
New Hampshire No
New Jersey No
New Mexico Yes. If the local school board decides to revoke or not renew a charter, the charter school may appeal the decision to the state secretary of education. A person aggrieved by the final decision of the secretary may appeal to district court.
New York No. However, the state does provide an appeals process for charter revocation. 
North Carolina No. However, the state board and the charter are encouraged to make a good faith attempt to resolve differences via a mediator (in private).
Ohio As of February 1, 2016, there is no appeals process.
Oklahoma Yes. If a charter school sponsor denies a request for renewal, the charter school governing board may proceed to mediation and/or binding arbitration at the request of the charter school. Sponsors must develop a revocation and nonrenewal process that gives the charter school time to prepare a written response and provides the charter school time to give testimony in a public hearing where the school may be represented by counsel. Statewide virtual charters can appeal to the state board of education.
Oregon Yes. A charter school may appeal the decision of the sponsor to the state board of education and may seek judicial review. If the state board of education is the sponsor, the charter school may seek judicial review.
Pennsylvania Yes. Denied renewals may be appealed to a state charter schools appeal board. All decisions by the state charter school appeals board are subject to appellate review by the commonwealth court.
Rhode Island No
South Carolina Yes. A decision not to renew a charter may be appealed to the administrative law court.
Tennessee Yes. A decision to revoke or deny renewal may be appealed to the state board, but if the school is identified as a priority school in the state's accountability system the school may not submit an appeal. A decision by the state board of education is final. Only charter schools authorized by a local education authority may appeal a decision to revoke or deny renewal.
Texas No. However, the state commissioner of education's decision to revoke an open enrollment school's charter is subject to an administrative review.
Utah Yes. The governing body of a charter school may appeal a termination decision to the state board of education. The state board of education's action is subject to judicial review.
Virginia No. However, a charter school grantee whose charter was revoked or not renewed is entitled to petition the local school board for reconsideration. Upon reconsideration, the decision of a local school board to revoke or fail to renew a charter agreement is final and not subject to appeal.
Washington Yes. Each authorizer must develop revocation and nonrenewal processes that:
  • Provide the charter school board with a timely notification of the prospect of and reasons for revocation or nonrenewal
  • Allow the charter school board a reasonable amount of time in which to prepare a response
  • Provide the charter school board with an opportunity to submit documents and give testimony challenging the rationale for closure and in support of the continuation of the school at a recorded public proceeding held for that purpose
  • Allow the charter school board to be represented by counsel and to call witnesses on its behalf
  • After a reasonable period for deliberation, require a final determination to be made and conveyed in writing to the charter school board
Wisconsin No
Wyoming Yes. In the first appeal to the state board of education, the board reviews the decision and may remand the decision back to the local school board for reconsideration. In the second appeal to the state board of education, the board reviews the decision and may instruct the local school board to approve the application.


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