{"data":{"id":"us-ky/krs-160.1598","jurisdiction":"us-ky","citation":"KRS 160.1598","heading":"Renewal or nonrenewal of charter contract -- School performance report","body":"-- Reasons for nonrenewal or revocation -- Administrative regulations --\nReport of action taken and reason for decision -- School closure protocol.\n(1) A charter contract  may be renewed by the authorizer for a term of duration of five\n(5) years, although the authorizer may vary the term to as few as three (3) years.\nAny variation in the public charter school's term must be solely based on the\nperformance, demonstrated capa cities, and particular circumstances of a public\ncharter school. Authorizers may grant renewal with specific conditions for\nnecessary improvements to a public charter school, but may not impose conditions\ninconsistent with KRS 160.1590 to 160.1599.\n(2) (a) No later than one (1) calendar year prior to the expiration date of a charter\ncontract, an authorizer shall issue a public charter school performance report\nand charter renewal application guidance to the public charter school it\nauthorized. The performance report shall summarize the school's performance\nrecord to date, based on the performance framework required under KRS\n160.1596 and the charter contract, and shall provide notice of any weaknesses\nor concerns related to the school that may jeopardize its  position in seeking\nrenewal if not timely rectified and of any strengths or achievements that\nsupport its position in seeking renewal.\n(b) The school shall have twenty (20) days to respond to the performance report\nand submit any corrections or clarification for the report to the authorizer.\n(c) Within ten (10) days of receiving a school's response, the authorizer shall\nreview the response and issue a final performance report to the school.\n(3) (a) The renewal application guidance shall, at a minimum, provide an opportunity\nfor the public charter school to:\n1. Present additional evidence beyond the data contained in the\nperformance report supporting its case for charter renewal;\n2. Describe improvements undertaken or planned for the school; and\n3. Detail the school's plan for the next charter term.\n(b) The renewal application guidance shall include or refer explicitly to the\ncriteria that will guide the authorizer's renewal decisions, which shall be based\non the performance framework as identified in the charter contract.\n(4) (a) No later than six (6) months prior to the expiration date of a charter contract,\nthe board of directors of a public charter school seeking charter contract\nrenewal shall submit a renewal application to the authorizer pursuant to the\nrenewal application guidance issued by the authorizer.\n(b) The authorizer shall rule by resolution on the renewal application no later than\nthirty (30) days after receipt of the application.\n(5) In making charter application, renewal, or other appealable decisions, an authorizer\nshall:\n(a) Make its decision within established timeframes. Any failure of the authorizer\nto act on a charter application, renewal, or other appealable decision shall be\ndeemed an approval of the requested action;\n(b) Base its decision on evidence of the public charter school's performance over\nthe term of the charter contract in accordance with the performance\nframework required in the charter contract;\n(c) Ensure that dat a used in making renewal decisions is available to the public\ncharter school and the public; and\n(d) Provide a public report summarizing the evidence basis for each decision.\n(6) A charter contract may not be renewed if the authorizer determines that the p ublic\ncharter school has:\n(a) Committed a material violation of any of the terms, conditions, standards, or\nprocedures required under KRS 160.1590 to 160.1599 and 161.141 or the\ncharter contract, and has persistently failed to correct the violation after f air\nand specific notice from the authorizer;\n(b) Failed to meet or make significant progress toward the performance\nexpectations identified in the charter contract;\n(c) Failed to meet generally accepted standards of fiscal management, and has\nfailed to correct the violation after fair and specific notice from the authorizer;\nor\n(d) Substantially violated any material provision of law from which the public\ncharter school was not exempted and has failed to correct the violation after\nfair and specific notice from the authorizer.\n(7) An authorizer may take immediate action to revoke a charter contract if a violation\nthreatens the health and safety of the students of the public charter school.\n(8) The State Board of Education shall promulgate administrative regu lations\nestablishing a revocation and nonrenewal process for charter authorizers that:\n(a) Provides the charter holder with a timely notification of the prospect of\nrevocation or nonrenewal and of the reasons for such possible closure;\n(b) Allows a charter holder a reasonable time in which to prepare a response;\n(c) Provides the charter holder with an opportunity to submit documentation and\nprovide testimony challenging the rationale behind the closure and in support\nof the continuation of the school at a public meeting held for that purpose;\n(d) Allows the charter holder the right to representation by counsel and to call\nwitnesses on behalf of the charter holder;\n(e) Permits the recording of such proceedings; and\n(f) After a reasonable period of deliberati on, requires a final determination be\nmade and conveyed in writing to the charter holder.\n(9) If an authorizer revokes or does not renew a contract, the authorizer shall clearly\nstate, in a resolution of its governing board the reason for the revocation or\nnonrenewal.\n(10) Within ten (10) days of taking action to renew, not renew, or revoke a charter, the\nauthorizer shall report to the state board the action taken, and shall provide a report\nto the public charter school at the same time the report is issued  to the state board.\nThe report shall include a copy of the resolution adopted by the authorizer's\ngoverning board describing the action taken and reasons for the decision and\nassurance as to compliance with all of the procedural requirements and applicati on\nelements found in KRS 160.1593.\n(11) An authorizer shall develop a public charter school closure protocol to ensure\ntimely notification to parents, orderly transition of students and student records to\nnew schools, and proper disposition of school funds , property, and assets. The\nprotocol shall specify tasks, timelines, and responsible parties, including delineating\nthe respective duties of the school and the authorizer. If a public charter school\ncloses for any reason, the authorizer shall oversee and w ork with the closing school\nto ensure a smooth and orderly closure and transition for students and parents, as\nguided by the closure protocol. If a public charter school is subject to closure,\nfollowing exhaustion of any appeal allowed under KRS 160.1595, an authorizer\nmay remove at will at any time any or all of the members of the board of directors\nof the public charter school in connection with ensuring a smooth and orderly\nclosure. If the authorizer removes members of the board of directors such that th e\nboard of directors can no longer function, the authorizer shall be empowered to take\nany further necessary and proper acts connected with closure of the public charter\nschool in the name and interest of the public charter school.","path":["KRS Chapter 160"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53122","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:07Z","sha256":"293e68ee033ea251f140bdc42a8988c5f6484623c737362df6af1a6a32e91461","source_id":"us-ky","stale":false,"prev":"us-ky/krs-160.1597","next":"us-ky/krs-160.1599"},"notice":"GroundRules: Original legal text. Not legal advice."}