Public Charter School Authorizing and Accountability Act

Draft

Public Charter School Authorizing and Accountability Act

Summary

The purpose of this legislation is to establish the procedure for authorizing public charter schools by creating the State Public Charter School Commission while also creating an accountability mechanism to ensure the new charter schools meet standards.

Model Policy

Section 1. {Definitions}

(A) An “applicant” means any person, entity, or group that develops and submits an application for a public charter school to an authorizer.

(B) An “application” means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status.

(C) An “at-risk student” means a student who has an economic or academic disadvantage that requires special services or assistance to succeed in educational programs. The term includes, but is not necessarily limited to, students who are members of economically disadvantaged families, students who are identified as having special educational needs, students who are limited in English proficiency, students who are at risk of dropping out of high school, students who are under-credited, and students who do not meet minimum standards of academic proficiency.

(D) An “authorizer” means an entity authorized under this Act to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee public charter schools, and decide whether to renew, not renew, or revoke charter contracts.

(E) A “charter contract” means a fixed-term, renewable contract between a public charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.

(F) A “conversion public charter school” means a charter school that existed as a non-charter public school before becoming a public charter school.

(G) An “education service provider” means a for-profit education management organization, non- profit charter management organization, school design provider, or any other partner entity with which a public charter school intends to contract for educational design, implementation, or comprehensive management.

(H) A “governing board” means the independent board of a public charter school that is party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the school’s application.

(I) A “local school board” means a school board exercising management and control of a local school district pursuant to the state constitution and state statutes.

(J) A “local school district” means a public agency that establishes and supervises one or more public schools within its geographical limits pursuant to the state constitution and state statutes.

(K) A “non-charter public school” means a public school that is under the direct management, governance, and control of a local school board or the state.

(L) A “parent” means a parent, guardian, or other person or entity having legal custody of a child.

(M) A “public charter school” means a public school that:

(1) Has autonomy over decisions including, but not limited to, matters concerning finance,

personnel, scheduling, curriculum, and instruction;

(2) Is governed by an independent governing board;

(3) Is established and operating under the terms of a charter contract between the school’s

board and its authorizer;

(4) Is a school to which parents choose to send their children;

(5) Is a school that admits students on the basis of a lottery if more students apply for

admission to any specific grade or program than can be accommodated;

(6) Provides a program of education that includes one or more of the following: pre-school,

pre-kindergarten, any grade or grades from kindergarten through 12th grade, and adult

community, continuing, and vocational education programs;

(7) Operates in pursuit of a specific set of educational objectives as defined in its charter

contract; and

(8) Operates under the oversight of its authorizer in accordance with its charter contract and application.

(N) A “start-up public charter school” means a public charter school that did not exist as a non- charter public school prior to becoming a public charter school.

(O) A “student” means any child who is eligible for attendance in public schools in the state.

(P) A “virtual public charter school” means a public charter school that offers educational services predominantly through an on-line program.

Section 2. {Authorizers}

(A) Eligible Authorizing Entities

(1) The state public charter school commission created under Section 2, (B) of this Act may

authorize public charter schools anywhere in the state, provided that the commission

fulfills requirements of all public charter school authorizers under this Act.

(2) If it intends to authorize public charter schools, a local school board shall register with the state department of education, pursuant to Section 2, (C) of this Act, for chartering authority within the boundaries of the school district overseen by the local school board.

(3) If it intends to authorize public charter schools, a governing board of an accredited public or private postsecondary institutions, including

community colleges, technical colleges, tribal colleges, and four-year colleges and universities,

shall register with the state department of education, pursuant to Section 2, (D) of this Act, for statewide, regional, or local chartering authority, in accordance with each institution’s regular operating jurisdiction.

(4) If it intends to authorize public charter schools, a mayor shall register with the state department of education, pursuant to Section 2, (D) of this Act, for chartering authority within the mayor’s jurisdiction.

(5) If it intends to authorize public charter schools, a city council shall register with the state department of education, pursuant to Section 2, (D) of this Act, for chartering authority within the city council’s jurisdiction.

(6) If it intends to authorize public charter schools, a governing board of a non-profit or charitable organization, which is exempt from federal

taxes under sections 501(c)(3) or 501(c)(6) of the Internal Revenue Code, shall register with the state department of education, pursuant to Section 2, (D) of this Act, and may be granted statewide, regional, or local chartering authority. Nonpublic sectarian or religious organizations, and any other charitable organization which in their federal IRS Form 1023, Part IV, describe activities indicating a religious purpose, are not eligible to apply to become an authorizer.

(7) A virtual public charter school that may enroll any student in the state may be authorized by any authorizing entity other than those under Section (A)(4) and (A)(5).

(B) State Public Charter School Commission

(1) This Act establishes a state public charter school commission (the “Commission”) as an

independent state agency with statewide chartering jurisdiction and authority.

(2) The mission of the Commission shall be to expand the public school options available to all students and authorize high-quality public charter schools throughout the state, particularly schools designed to expand opportunities for at-risk students, consistent with the purposes of this Act.

(3) The Commission shall consist of nine members, no more than five of whom shall be members of the same political party. Three members shall be appointed by the Governor; two members shall be appointed by the President of the Senate and one member by the Senate Minority Leader; two members shall be appointed by the Speaker of the House of Representatives and one by the Minority Leader of the House of Representatives. In making the appointments, the appointees shall ensure statewide geographic diversity among Commission members.

(4) Members appointed to the Commission shall collectively possess strong experience and

expertise in public and nonprofit governance, management and finance, public school

leadership, assessment, curriculum and instruction, and public education law. All

members of the Commission shall have demonstrated understanding of and commitment to charter

schooling as a strategy for strengthening public education by providing additional high-quality choices.

(5) To establish staggered terms of office, the first appointment of the Governor, the first appointment of the President of the Senate and the first appointment of the Speaker of the House shall serve an initial term of four years; the second appointment by the Governor and the first appointment of the Senate Minority Leader and the Minority Leader of the House shall serve an initial term of three years; all remaining appointments shall serve an initial term of two years. The initial appointments shall be made no later than 30 days after the effective date of this Act. Members may be reappointed, however no member shall be appointed to a new term after the member has served seven consecutive years.

(6) A member of the Commission may be removed for any cause that renders the member

incapable or unfit to discharge the duties of the office. Whenever a vacancy on the Commission

exists, the original appointing authority shall appoint a member for the remaining portion of

the term.

(7) To commence operations, the Commission shall be funded initially by a one-time state

appropriation of $250,000. The Commission is authorized to receive and expend gifts, grants,

and donations of any kind from any public or private entity to carry out the purposes of this

Act, subject to the terms and conditions under which they are given, provided that all such

terms and conditions are permissible under law.

(8) The Commission shall operate with dedicated resources and staff qualified to execute the

day-to-day responsibilities of public charter school authorizing in accordance with this Act.

(1) The state shall publicize to all local school boards the opportunity to register with the state

for chartering authority within the school districts they oversee. By [INSERT DATE] of each year,

the state shall provide information about the opportunity, including a registration deadline, to

all local school boards. To register as a charter authorizer in its school district, each interested

local school board shall submit the following information in a format to be established by the

state:

(a) Written notification of intent to serve as a charter authorizer in accordance with

this Act;

(b) An explanation of the local school board’s strategic vision for chartering;

commitment to execute the duties of quality charter authorizing, in accordance with

this Act;

(d) An explanation of how the local school board will solicit public charter school

applicants, in accordance with this Act;

(e) A description or outline of the performance framework the local school board will

use to guide the establishment of a charter contract and for ongoing oversight and

evaluation of public charter schools, consistent with the requirements of this Act; and

(f) A draft of the local school board’s renewal, revocation, and non-renewal processes,

consistent with Section 4, (C).

(g) A statement of assurance that the local school board commits to serving as a

charter authorizer in fulfillment of the expectations, spirit, and intent of this Act, and

will fully participate in any authorizer training provided or required by the state.

(2) Within [INSERT NUMBER OF DAYS] of receipt of a local school board’s duly submitted

registration materials, the state shall register the local school board as a charter authorizer

within the local board’s school district, and shall provide the local board a letter confirming its

registration as a charter authorizer. No local school board shall engage in any charter-

authorizing functions without current registration as a charter authorizer with the state. Once

registered, the local school board’s registration as a charter authorizer shall continue from year

to year, provided that the local school board fulfills all charter-authorizing duties and

expectations set forth in this Act and remains an authorizer in good standing with the state.

(D) Chartering Authority Application for Eligible Entities

(1) The state shall publicize to all entities eligible for chartering authority as set

forth in Section 2, (A) (3) to (6) of this Act the opportunity to register with the state for chartering authority. By [INSERT DATE] of each year, the state shall provide information about the opportunity, including a registration deadline, to all eligible entities concerning the opportunity to apply for chartering authority under this Act. The registration process shall require each interested eligible entity to submit the following information in a format to be established by the state:

(a) Written notification of intent to serve as a charter authorizer in accordance with

this Act;

(b) The applicant entity’s strategic vision for chartering;

applicant entity’s budget and personnel capacity and commitment to execute the

responsibilities of quality charter authorizing, in accordance with this Act;

(d) A draft or preliminary outline of the request for proposals that the applicant entity

would issue to solicit public charter school

applicants, consistent with Section 3, (A) of this Act;

(e) A draft of the performance framework that the applicant entity would use to guide the establishment of a charter contract and for

ongoing oversight and evaluation of public charter schools, consistent with the

requirements of this Act;

(f) A draft of the applicant entity’s renewal, revocation, and non-renewal processes,

consistent with Section 4, (C) of this Act;

(g) A statement of assurance that the applicant entity seeks to serve as a charter

authorizer in fulfillment of the expectations, spirit, and intent of this Act, and that the entity will fully participate in any authorizer training

provided or required by the state; and

(h) A statement of assurance that the applicant will ensure public accountability and

transparency in all matters concerning their charter-authorizing practices, decisions,

and expenditures.

(2) (2) Within [INSERT NUMBER OF DAYS] of receipt of an entity’s duly submitted

registration materials, the state shall register the entity as a charter authorizer, and shall provide the entity a letter confirming its

registration as a charter authorizer. No entity shall engage in any charter-

authorizing functions without current registration as a charter authorizer with the state. Once

registered, the entity’s registration as a charter authorizer shall continue from year

to year, provided that the entity fulfills all charter-authorizing duties and

expectations set forth in this Act and remains an authorizer in good standing with the state..

(E) Authorizer Powers, Duties, and Liabilities

(1) Authorizers are responsible for executing, in accordance with this Act, the following

essential powers and duties:

(a) Soliciting and evaluating charter applications;

(b) Approving quality charter applications that meet identified educational needs and

promote a diversity of educational choices;

(d) Negotiating and executing sound charter contracts with each approved public

charter school;

(e) Monitoring, in accordance with charter contract terms, the performance and legal

compliance of public charter schools; and

(f) Determining whether each charter contract merits renewal, nonrenewal, or

revocation.

(2) An authorizing entity may delegate its duties to offices, employees, and contractors, however, final decisions on approving, denying, terminating, or renewing any charters shall be made by the board or equivalent of the authorizing entity.

(3) Regulation by authorizers shall be limited to these powers and duties, and consistent with

the spirit and intent of this Act.

(4) An authorizing entity, members of the board of an authorizer in their official capacity, and

employees of an authorizer are immune from civil and criminal liability with respect to all

activities related to a public charter school they authorize.

(F) Principles and Standards for Charter Authorizing

(1) All authorizers shall be required to develop and maintain chartering policies and practices

consistent with the purposes of this Act.

(G) Authorizer Reporting

(1) Every authorizer shall be required to publish and maintain in a publicly available manner:

(a) The authorizer’s strategic vision for chartering and progress toward achieving that

vision;

(b) The academic and financial performance of all operating public charter schools

overseen by the authorizer, according to the performance expectations for public

charter schools set forth in this Act;

charter schools in each of the following categories: approved (but not yet open),

operating, renewed, transferred, revoked, not renewed, voluntarily closed, or never

opened;

(d) The authorizing functions provided by the authorizer to the public charter schools

under its purview, including the authorizer’s operating costs and expenses detailed in

annual audited financial statements that conform with Generally Accepted

Accounting Principles; and

(e) The services purchased from the authorizer by the public charter schools under its

purview, including an itemized accounting of the actual costs of these services, as

required in Section 2, (K).

(H) Authorizer Funding

(1) To cover authorizer costs for overseeing public charter schools in accordance with this Act,

the state shall remit to each authorizer an oversight fee for each public charter school it

authorizes. The oversight fee shall be drawn from and calculated as a uniform percentage of

the per-student operational funding allocated to each public charter school, not to exceed

three percent of each public charter school’s per-student funding in a single school year. The

state shall establish a statewide formula for authorizer funding, which shall apply uniformly to

every authorizer in the state. The state legislature may establish a sliding scale for authorizer funding, with the

funding percentage decreasing after the authorizer has achieved a certain threshold, such as after a

certain number of years of authorizing or after a certain number of schools has been authorized.

(2) An authorizer’s oversight fee shall not include any costs incurred in delivering services that

a public charter school may purchase at its discretion from the authorizer. The authorizer shall

use its funding provided under this section exclusively for the purpose of fulfilling authorizing

obligations in accordance with this Act.

(I) Conflicts of Interest

(1) No employee, trustee, agent, or representative of an authorizer may simultaneously serve

as an employee, trustee, agent, representative, vendor, or contractor of a public charter

school authorized by that entity.

(J) Exclusivity of Authorizing Functions and Rights

(1) No governmental or other entity, other than those expressly granted chartering authority as

set forth in this Act, may assume any charter authorizing function or duty in any form, unless

expressly allowed by law.

(K) Services Purchased from Authorizer – Itemized Accounting

(1) With the exception of oversight services as required by Section 2, (H), no public charter

school shall be required to purchase services from its authorizer as a condition of charter

approval or of executing a charter contract, nor may any such condition be implied.

(2) A public charter school may, at its discretion, choose to purchase services from its

authorizer. In such event, the public charter school and authorizer shall execute an annual

service contract, separate from the charter contract, stating the parties’ mutual agreement

concerning any services to be provided by the authorizer and any service fees to be charged to

the public charter school. An authorizer may not charge more than market rates for services

provided to a public charter school.

(3) Within [INSERT NUMBER OF DAYS] after the end of each fiscal year, each authorizer shall

provide to each public charter school it oversees an itemized accounting of the actual costs of

services purchased by the public charter school from the authorizer. Any difference between

the amount initially charged to the public charter school and the actual cost shall be reconciled

and paid to the owed party. If either party disputes the itemized accounting, any charges

included in such accounting, or charges to either party, the disputing party is entitled to request

a third-party review at its own expense. The review shall be conducted by [INSERT APPROPRIATE STATE AUTHORITY] whose

determination shall be final.

(L) Oversight of Public Charter School Authorizers

(1) In accordance with Section 2, (G), every authorizer shall be required to submit to the general assembly and the governor an annual report. The state department of education shall, by [INSERT DATE] of each year,

communicate to every authorizer the requirements for the format, content, and submission of

the annual report.

(2) If an authorizer’s portfolio of schools fails to meet the state’s minimum standard of performance of [INSERT STATE’S MINIMUM STANDARD OF PERFORMANCE], the ability of the authorizer to authorize new charter schools shall be immediately suspended, unless the authorizer demonstrates exceptional circumstances to the state board of education. In addition, the state board of education may set a reduction of authorizer fees collected from the schools it authorizes and return a proportionate share of that reduction to the schools in its portfolio. If an authorizer’s portfolio of schools meets or exceeds the state’s minimum standard of performance, the suspension shall be lifted and the state board of education may reestablish the prior fee level.

Section 3. {Application Process}

(A) Request for Applications

(1) To solicit, encourage, and guide the development of quality public charter school

applications, every authorizer operating under this Act shall issue and broadly publicize an application process by [INSERT DATE]. The content and dissemination of the application process shall be consistent with the purposes and requirements of this Act.

(2) Charter applicants may submit a proposal for a separate and distinct public charter school to no more

than one authorizer at a time.

(3) Each authorizer shall annually establish and disseminate a timeline for charter approval

or denial decisions.

(4) Each authorizer’s application documents shall present the authorizer’s strategic vision for

chartering.

(5) The application shall include, or otherwise direct, applicants to the performance

framework that the authorizer has developed for public charter school oversight and

evaluation in accordance with Section 4, (A) of this Act.

(6) The application shall include the criteria that will guide the authorizer’s decision

to approve or deny a charter application.

(7) The application shall state clear, appropriately detailed questions as well as

guidelines concerning the format and content essential for applicants to demonstrate the

capacities necessary to establish and operate a successful public charter school.

(8) The application shall require charter applications to provide or describe

thoroughly, and each charter application shall provide or describe thoroughly, all of the

following essential elements of the proposed school plan:

(a) An executive summary;

(b) The mission and vision of the proposed public charter school, including

identification of the targeted student population and the community the school hopes

to serve;

(d) The grades to be served each year for the full term of the charter contract;

(e) Minimum, planned, and maximum enrollment per grade per year for the term of

the charter contract;

(f) Evidence of need and community support for the proposed public charter school;

(g) Background information on the proposed founding governing board members and,

if identified, the proposed school leadership and management team

(h) The school’s proposed calendar and sample daily schedule;

(i) A description of the academic program aligned with state standards;

(j) A description of the school’s instructional design, including the type of learning

environment (such as classroom-based or independent study), class size and

structure, curriculum overview, and teaching methods;

(k) The school’s plan for using internal and external assessments to measure and

report student progress on the performance framework developed by the authorizer

in accordance with Section 4, (A) of this Act;

(l) The school’s plans for identifying and successfully serving students with disabilities,

students who are English language learners, students who are academically behind,

and gifted students, including but not limited to compliance with applicable laws and

regulations;

(m) A description of co-curricular or extracurricular programs and how they will be

funded and delivered;

(n) Plans and timelines for student recruitment and enrollment, including lottery

procedures;

(o) The school’s student discipline policies, including those for special education

students;

(p) An organization chart that clearly presents the school’s organizational structure,

including lines of authority and reporting between the governing board, staff, any

related bodies (such as advisory bodies or parent and teacher councils), and any

external organizations, including educational service providers, that will play a role in managing the school;

(q) A clear description of the roles and responsibilities for the governing board, the

school’s leadership and management team, and any other entities shown in the

organization chart;

(r) A staffing chart for the school’s first year, and a staffing plan for the term of the

charter;

(s) Plans for recruiting and developing school leadership and staff, or the plans and accountability of the educational service provider in doing so if they are to fulfill this role;

(t) The school’s leadership and teacher employment policies, or the plans and accountability of the educational service provider in doing so if they are to fulfill this role, including performance

evaluation plans;

(u) Proposed governing bylaws;

(v) Explanations of any partnerships or contractual relationships central to the

school’s operations or mission;

(w) The school’s plans for providing transportation, food service, and all other

significant operational or ancillary services, unless the school will be functioning as a virtual public charter school, and then only those services that are relevant;

(x) Opportunities and expectations for parent involvement;

(y) A detailed school start-up plan, identifying tasks, timelines and responsible

individuals;

(z) Description of the school’s financial plan and policies, including financial controls

and audit requirements;

(aa) A description of the insurance coverage the school will obtain;

(bb) Start-up and five-year budgets with clearly stated assumptions;

(cc) Start-up and first-year cash-flow projections with clearly stated assumptions;

(dd) Evidence of anticipated fundraising contributions, if claimed in the application;

and,

(ee) A sound facilities plan, including backup or contingency plans if appropriate.

(9) In the case of an application to establish a public charter school by converting an existing

non-charter public school to public charter school status, the application shall

additionally require the applicants to demonstrate support for the proposed public charter

school conversion by a petition signed by a majority of teachers and a petition signed by a

majority of parents of students in the existing non-charter public school.

(10) In the case of an application to establish a virtual public charter school, the application shall additionally require the applicants to describe the proposed school’s system

of course credits and how the school will:

(a) Monitor and verify full-time student enrollment, student participation in a full

course load, credit accrual, and course completion;

(b) Monitor and verify student progress and performance in each course through

regular, proctored assessments and submissions of coursework;

(d) Administer state-required assessments to all students in a proctored setting.

(11) In the case of a proposed public charter school that intends to contract with an education service

provider for substantial educational services, management services, or both types of services, the application shall additionally require the applicants to:

(a) Provide evidence of the education service provider’s success in serving student populations similar to the targeted population, including demon¬strated academic achievement as well as successful management of non-academic school functions if applicable. However, providers with no past experience will not be required to provide this information;

(b) Provide a term sheet, setting forth the proposed duration of the service contract;

roles and responsibilities of the governing board, the school staff, if any, and the service

provider; scope of services and resources to be provided by the service provider;

performance evaluation measures and timelines; compensation structure, including

clear identification of all fees to be paid to the service provider; methods of contract

oversight and enforcement; investment disclosure; and conditions for renewal and

termination of the contract; and

school governing board and proposed service provider or any affiliated business

entities.

(11) In the case of a public charter school proposal from an applicant that currently operates

one or more schools in any state or nation, the application shall additionally require

the applicant to provide evidence of past performance and current capacity for growth.

(B) Application Decision-making Process

(1) In reviewing and evaluating charter applications, authorizers shall employ procedures,

practices, and criteria consistent with the purposes of this Act. The application review process shall include thorough evaluation of each

written charter application, an in-person interview with the applicant group, and an

opportunity in a public forum for local residents to learn about and provide input on each

application. The authority shall provide each applicant with its detailed analysis of the application, and grant the applicant a reasonable time to provide additional materials and amendments to its application to address any identified deficiencies.

(2) In deciding whether to approve charter applications, authorizers shall:

(a) Grant charters only to applicants that have demonstrated competence in each

element of the authorizer’s published approval criteria and are likely to open and

operate a successful public charter school;

(b) Base decisions on documented evidence collected through the application review

process;

merit, and avoid conflicts of interest or any appearance thereof.

(3) No later than [INSERT NUMBER OF DAYS] after the filing of a charter application, the

authorizer shall decide to approve or deny the charter application. The authorizer shall adopt

by resolution all charter approval or denial decisions in an open meeting of the authorizer’s

governing board.

(4) An approval decision may include, if appropriate, reasonable conditions that the charter

applicant must meet before a charter contract may be executed pursuant to Section 3, (E) of

this Act. However, such conditions may not include enrollment caps or operational requirements that in any manner contradict this Act.

(5) For any charter denial, the authorizer shall clearly state, for public record, its reasons for

denial. A denied applicant may subsequently re-apply to that authorizer or apply to any other

authorizer in the state.

(6) Within [INSERT NUMBER OF DAYS] of taking action to approve or deny a charter application,

the authorizer shall report to the state department of education the action it has taken. The authorizer shall provide a

copy of the report to the charter applicant at the same time that the report is submitted to the

state department of education. The report shall include a copy of the authorizer governing board’s resolution setting

forth the action taken and reasons for the decision and assurances as to compliance with all of

the procedural requirements and application elements set forth in Section 3 of this Act.

(1) The purposes of the charter application are to present the proposed public charter school’s

academic and operational vision and plans, demonstrate the applicant’s capacities to execute

the proposed vision and plans, and provide the authorizer a clear basis for assessing the

applicant’s plans and capacities. An approved charter application shall not serve as the

school’s charter contract. However, an authorizer may not demand any contractual term that contradicts the approved charter application.

(D) Initial Charter Term

(1) An initial charter shall be granted for a term of five operating years. The charter term shall

commence on the public charter school’s first day of operation. An approved public charter

school may request a delay of its opening for one school year in order to plan and prepare for the school’s

opening. If the school requires an opening delay of more than one school year, the school must

request an extension from its authorizer. The authorizer may grant or deny the extension

depending on the particular school’s circumstances.

(E) Charter Contracts

(1) Within [INSERT NUMBER OF DAYS] of approval of a charter application, the authorizer and

the governing board of the approved public charter school shall execute a charter contract

that clearly sets forth the academic and operational performance expectations and measures

by which the public charter school will be judged and the administrative relationship between

the authorizer and public charter school, including each party’s rights and duties. The

performance expectations and measures set forth in the charter contract shall include but

need not be limited to applicable federal and state accountability requirements. The

performance provisions may be refined or amended by mutual agreement after the public

charter school is operating and has collected baseline achievement data for its enrolled

students.

(2) The charter contract for a virtual public charter school shall include description and

agreement regarding the methods by which the school will:

(a) Monitor and verify full-time student enrollment, student participation in a full

course load, credit accrual, and course completion;

(b) Monitor and verify student progress and performance in each course through

regular, proctored assessments and submissions of coursework;

(d) Administer state-required assessments to all students in a proctored setting.

(3) The charter contract shall be signed by the president of the authorizer’s governing board

and the president of the public charter school’s governing body. Within [INSERT NUMBER OF

DAYS] of executing a charter contract, the authorizer shall submit to the state department of education written

notification of the charter contract execution, including a copy of the executed charter contract

and any attachments.

(4) No public charter school may commence operations without a charter contract executed in

accordance with this provision and approved in an open meeting of the authorizer’s governing

board.

(F) Pre-Opening Requirements or Conditions

(1) Authorizers may establish reasonable pre-opening requirements or conditions to monitor

the start-up progress of newly approved public charter schools and ensure that they are

prepared to open smoothly on the date agreed, and to ensure that each school meets all

building, health, safety, insurance, and other legal requirements for school opening. This section shall not be a basis for reevaluation on any issue other than pre-opening requirements and may only serve as a basis to prevent opening of the public charter school if a material element that would significantly impact the operation of the public charter school is present.

Section 4. {Accountability}

(A) Performance Framework

(1) The performance provisions within the charter contract shall be based on a performance

framework that clearly sets forth the academic and operational performance indicators,

measures and metrics that will guide the authorizer’s evaluations of each public charter school.

The performance framework shall include indicators, measures and metrics for, at a minimum:

(a) Student academic proficiency;

(b) Student academic growth, including student academic growth compared to the student’s growth in any previous public school;

subgroups;

(d) Attendance;

(e) Recurrent enrollment from year to year;

(f) Postsecondary readiness (for high schools);

(g) Financial performance and sustainability; and

(h) Board performance and stewardship, including compliance with all applicable

laws, regulations, and terms of the charter contract.

(2) Annual performance targets shall be set by each public charter school in collaboration with

its authorizer, and shall be designed to help each school meet applicable federal, state, and

authorizer expectations.

(3) The performance framework shall allow the inclusion of additional rigorous, valid, and

reliable indicators proposed by a public charter school to augment external evaluations of

its performance, provided that the authorizer approves the quality and rigor of such school-

proposed indicators, and they are consistent with the purposes of this Act.

(4) The performance framework shall require the disaggregation of all student performance

data by major student subgroups (gender, race, poverty status, special education status,

English Learner status, and gifted status).

(5) For each public charter school it oversees, the authorizer shall be responsible for collecting,

analyzing, and reporting all data from state assessments in accordance with the performance

framework.

(6) Multiple schools operating under a single charter contract or overseen by a single governing

board shall be required to report their performance as separate, individual schools, and each

school shall be held independently accountable for its performance.

(B) Ongoing Oversight and Corrective Actions

(1) An authorizer shall continually monitor the performance and legal compliance of the public

charter schools it oversees, including collecting and analyzing data to support ongoing

evaluation according to the charter contract. Every authorizer shall have the authority to

conduct or require oversight activities that enable the authorizer to fulfill its responsibilities

under this Act, including conducting appropriate inquiries and investigations, so long as those

activities are consistent with the intent of this Act, adhere to the terms of the charter contract,

and do not unduly inhibit the autonomy granted to public charter schools.

(2) Each authorizer shall annually publish and provide a performance report for each public charter school it oversees, in

accordance with the performance framework set forth in the charter contract and Section 4,

(G) of this Act. The authorizer may require each public charter school it oversees to submit an

annual report to assist the authorizer in gathering complete information about each school,

consistent with the performance framework.

(3) In the event that a public charter school’s performance or legal compliance is inconsistent with its charter contract, the authorizer shall promptly notify the public charter school of the perceived

problem and provide reasonable opportunity for the school to remedy the problem, unless the

problem warrants revocation, in which case the revocation timeframes will apply.

(4) Every authorizer shall have the authority to take appropriate corrective actions or exercise

sanctions short of revocation in response to public charter school

performance or legal compliance that is inconsistent with its charter contract. Such actions or sanctions may include, if warranted,

requiring a school to develop and execute a corrective action plan within a specified

timeframe.

(1) A charter may be renewed for successive five-year terms of duration, although the

authorizer may vary the term based on the performance, demonstrated capacities, and

particular circumstances of each public charter school. An authorizer may grant renewal with

specific conditions for necessary improvements to a public charter school, but may not impose conditions inconsistent with this Act.

(2) No later than [INSERT DATE], the authorizer shall issue a public charter school performance

report and charter renewal application guidance to any public charter school whose charter

will expire the following year. The performance report shall summarize the public charter

school’s performance record to date, based on the data required by this Act and the charter

contract, and shall provide notice of any weaknesses or concerns related to the public charter school that may jeopardize its position in seeking renewal if not

timely rectified. The public charter school shall have [INSERT NUMBER OF DAYS] to respond to

the performance report and submit any corrections or clarifications for the report.

(3) The renewal application guidance shall, at a minimum, provide an opportunity for the

public charter school to:

(a) Present additional evidence, beyond the data contained in the performance

report, supporting its case for charter renewal;

(b) Describe improvements undertaken or planned for the school; and

(4) The renewal application guidance shall include or refer explicitly to the criteria that will

guide the authorizer’s renewal decisions, which shall be based on the performance framework

set forth in the charter contract and consistent with this Act.

(5) No later than [INSERT DATE], the governing board of a public charter school seeking renewal

shall submit a renewal application to the charter authorizer pursuant to the renewal

application guidance issued by the authorizer. The authorizer shall rule by resolution on the

renewal application no later than [INSERT NUMBER OF DAYS] after the filing of the renewal

application.

(6) In making charter renewal decisions, every authorizer shall:

(a) Ground its decisions in evidence of the school’s performance over the term of the

charter contract in accordance with the performance framework set forth in the

charter contract;

(b) Ensure that data used in making renewal decisions are available to the school and

the public; and

(7) A charter contract may be revoked at any time or not renewed if the authorizer determines

that the public charter school did any of the following or otherwise failed to comply with the

provisions of this Act:

(a) Commits a material and substantial violation of any of the terms, conditions,

standards, or procedures required under this Act or the charter contract, and has persistently failed to correct the violation after fair and specific notice from the authorizer;

(b) Fails to meet or make progress toward the performance expectations

set forth in the charter contract;

(c) Fails to meet generally accepted standards of fiscal management, and has failed to correct the violation after fair and specific notice from the authorizer; or

(d) Substantially violates any material provision of law from which the public charter

school was not exempted and has failed to correct the violation after fair and specific notice from the authorizer.

(e) In the case of a violation that threatens the health and safety of the students of any public charter school or if members of the public charter school committed a material violation of the law, the authorizer may take immediate action.

(8) An authorizer must develop revocation and non-renewal processes that:

(a) Provide the charter holders with a timely notification of the prospect of revocation

or non-renewal and of the reasons for such possible closure;

(b) Allow the charter holders a reasonable amount of time in which to prepare a

response;

testimony challenging the rationale for closure and in support of the continuation of

the school at an orderly proceeding held for that purpose;

(d) Allow the charter holders access to representation by counsel and to call

witnesses on their behalf;

(e) Permit the recording of such proceedings; and

(f) After a reasonable period for deliberation, require a final determination be made

and conveyed in writing to the charter holders.

(9) If an authorizer revokes or does not renew a charter, the authorizer shall clearly state, in a

resolution of its governing board, the reasons for the revocation or nonrenewal.

(10) Within [INSERT NUMBER OF DAYS] of taking action to renew, not renew, or revoke a

charter, the authorizer shall report to the state department of education the action taken, and shall provide a copy of the

report to the public charter school at the same time that the report is submitted to the state department of education.

The report shall include a copy of the authorizer governing board’s resolution setting forth the

action taken and reasons for the decision and assurances as to compliance with all of the

requirements set forth in this Act.

(D) School Closure and Dissolution

(1) Prior to any public charter school closure decision, an authorizer shall have developed a

public charter school closure protocol to ensure timely notification to parents, orderly

transition of students and student records to new schools, and proper disposition of school

funds, property, and assets in accordance with the requirements of this Act. The protocol shall

specify tasks, timelines, and responsible parties, including delineating the respective duties of

the school and the authorizer. In the event of a public charter school closure for any reason,

the authorizer shall oversee and work with the closing school to ensure a smooth and orderly

closure and transition for students and parents, as guided by the closure protocol.

(2) In the event of a public charter school closure for any reason, the assets of the school shall

be distributed first to satisfy outstanding payroll obligations for employees of the school, then

to creditors of the school, and then to the state treasury to the credit of the general revenue

fund. If the assets of the school are insufficient to pay all parties to whom the school owes

compensation, the prioritization of the distribution of assets may be determined by decree of

a court of law.

(E) Charter Transfers

(1) Transfer of a charter contract, and of oversight of that public charter school, from one

authorizer to another before the expiration of the charter term shall not be permitted except

by special petition to the [INSERT APPROPRIATE STATE ENTITY DETERMINED BY THE LEGISLATURE] by a public charter school or its authorizer. The [INSERT APPROPRIATE STATE ENTITY DETERMINED BY THE LEGISLATURE]shall

review such petitions on a case-by-case basis and may grant transfer requests in response to

special circumstances and evidence that such a transfer would serve the best interests of the

public charter school’s students.

(F) Annual Report

(1) On or before [INSERT DATE] of each year beginning in the first year after the state department of education will have

had public charter schools operating for a full school year, the state department of education shall issue to the governor,

the general assembly, and the public at large, an annual report on the state’s public charter

schools, drawing from the annual reports publically available and any addition relevant data compiled by the state department of education. The annual report shall include a comparison of the performance of public

charter school students with the performance of academically, ethnically, and economically

comparable groups of students in non-charter public schools. In addition, the annual report

shall include each authorizer’s assessment of the successes, challenges, and areas for improvement in

meeting the purposes of this Act, including the authorizer’s assessment of the sufficiency of funding

for public charter schools, the efficacy of the state formula for authorizer funding, and any

suggested changes in state law

or policy necessary to strengthen the state’s public charter schools.

Approved by ALEC’s Education and Workforce Development Task Force at the ALEC Annual Meeting on Thursday July 23, 2015. Approved by ALEC Board of Directors on September 4, 2015.

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