An Act to amend and reenact §§ 22.1-212.9 and 22.1-212.10 of
the Code of Virginia, relating to public charter schools.
Approved April 11, 2010
Be it enacted by the General Assembly of Virginia:
1. That §§ 22.1-212.9 and 22.1-212.10 of the Code of Virginia
are amended and reenacted as follows:
§ 22.1-212.9. Review of public charter school applications.
A. Public charter school applications shall be received and
reviewed by the Board of Education and local school boards or, in the
case of a regional public charter school, by all of the relevant school boards,
as provided in subsection C.
Each The Board of Education and each local
school board shall establish procedures for receiving, reviewing, and, in
the case of local school boards, ruling upon applications and shall make
a copy of any such procedures available to all interested parties upon request.
The Board of Education and local school boards shall post their procedures
on their websites and make a copy of the procedures available to all interested
parties upon request. If any such board finds the public charter school
application is incomplete, the board shall request the necessary information
from the charter applicant.
B. To provide appropriate opportunity for input from parents,
teachers, citizens, and other interested parties and to obtain
information to assist local school boards in their decisions to grant or
deny a public charter school application, local school boards
shall establish a procedure for public notice , and to receive
comment , or hearings on public charter school applications. A local
school board shall give at least 14 days' notice of its intent to receive
public comment on an application.
The Prior to submission of an application to a
local school board for review, the public charter school applicant may
shall submit its proposed charter application to the Board of Education
for its review, and comment, and a determination as to
whether the application meets the approval criteria developed by the Board.
The Board's review shall examine such applications for feasibility, curriculum,
financial soundness, and other objective criteria as the Board may establish,
consistent with existing state law. The Board's review and comment shall be for
the purpose of ensuring that the application conforms with such criteria,
but shall not include consideration as to whether the application shall be
approved by the local school board and the Board shall make a determination
as to whether the application meets the approval criteria developed by the
Board. Nothing in this section shall prevent a local school division
from working with a charter school applicant before the application is
submitted to the Board of Education for review and recommendation.
§ 22.1-212.10. Reconsideration and technical assistance;
decision of local board final.
A. If a local school board denies a public charter school
application, or revokes or fails to renew a charter agreement, it shall provide
to the applicant or grantee its reasons, in writing, for such decision, and it
shall post such reasons on its website. A public charter school applicant whose
application was denied, or a grantee whose charter was revoked or not renewed,
shall be entitled to petition the local school board for reconsideration. The
petition for reconsideration shall be filed no later than 60 days from the date
the public charter school application is denied, revoked, or not renewed. Such
reconsideration shall be decided within 60 days of the filing of the petition.
B. Each local school board shall establish a process for
reviewing petitions of reconsideration, which shall include an opportunity for
public comment. The petition of reconsideration may include an amended
application based on the reasons given by the local school board for such
C. Prior to seeking reconsideration, an applicant or
grantee may seek technical assistance from the Superintendent of Public
Instruction to address the reasons for denial, revocation, or non-renewal.
D. Upon reconsideration, the
The decision of a
local school board to grant or deny a public charter school application or to
revoke or fail to renew a charter agreement shall be final and not subject to
E. Nothing in this section shall prohibit an applicant
whose application has been denied or a grantee whose charter has been revoked
or not renewed from submitting a new application, pursuant to § 22.1-212.9.
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