Authorizing Charter Schools

Transcription

1 Authorizing Charter Schools

2 Charter Law California Charter Schools Act (SB 1448) enacted in 1992 Legislative Intent To provide opportunities to establish and maintain public schools that: Improve school learning Increase learning opportunities for all pupils, with emphasis on academically low achieving Encourage innovative teaching methods Create new professional opportunities Provide parents with expanded choice Hold charters accountable for meeting pupil outcomes Provide vigorous competition to stimulate improvement

3 General Info Three Authorizers in CA: districts, county offices, State Board Two types of charter schools: Start up Conversion Dependent and Independent not in statute

4 Independent charter vs. Dependent charter Dependent charters do not exist in Ed Code, so how does the field distinguish between the two?

5 What is the Difference Between a Dependent and an Independent Charter School? Traditionally, a dependent school is treated as another school of the authorizer, for all purposes. Traditionally, an independent school may only be a school of the authorizer for limited purposes, such as special education. There is a growing trend among school districts to mix things up.

6 Dependent Charters: One Board, two entities Great divergence on thinking on this issue Permissible but must be done with caution Possible conflict Duties clearly stated in charter/mou Be wary of no decision-making authority but all liability Federal grants issue

7 Process for Dependent Charter Schools There are no changes in oversight duties for dependent charter schools Approval and renewal follow same process as independent charter schools CDE expects an independent governance body; especially for grant purposes

8 Petition: 16 elements must be Reasonably Comprehensive What does reasonably comprehensive mean? Look to SBE standards as a baseline for each of the 16 elements Also: Information is substantive, not just a list Addresses all aspects of the element Is specific to the charter proposed Describes pupil learning, increased learning opportunities, increased opportunities for parents, accountability, competition (5 C.C.R (g))

9 Petition, cont Clarity about facilities; Will there be a Prop 39 request? Student achievement benchmarks need to be specific. How will you measure their achievement if not clear?

10 What are some hot points to look for in petition Suspensions/Expulsions Policy Plan for diversity Special Education Pay close attention to any parent requirements can not REQUIRE volunteer hours as a condition of enrollment. requiring parent hours is akin to charging tuition and skews enrollment against single parent households and lower income families.

11 Dependence & the Petition Board should clearly define the governance structure and revocation/closure process in petition Separate legal entity? Non-profit? Does District governing board have say over who sits on charter governing body? Will the charter follow district policy?

12 Authorizer Responsibilities

13 District and Board Role Governing board the authorizer Setting charter policy Responsible for approving, denying, renewing & revoking Must have system in place before you receive a petition Responsible to students, parents & public

14 Board Policy Definition of quality school Expectations Tie to charter law intent Timelines provides prospective petitioners with a clear road map of and the requirements for charter school authorization beginning w/ submission of the petition and ending with the final action before the Board. Definition of Reasonably Comprehensive Definition of Independent & Dependent

15 Oversight Ed. Code 47604(c) ties authorizer s liability to performance of oversight duties Ed. Code defines duties of chartering authority: identify contact person for charter school visit charter school at least annually ensure that charter school complies with all reporting requirements (including Ed. Code section 47605(m) regarding annual audit report) monitor charter school s fiscal condition notify State Department of termination All other oversight duties required by law

16 Oversight Oversight responsibilities exist for both dependent and independent charters Petition is roadmap for oversight Ed Code 47604(c) ties authorizer s liability to performance of oversight duties Board must receive regular updates on whether the school is meeting its benchmarks

17 Oversight District staff responsible for oversight should: Collect fact-based evidence of progress toward performance outcomes from the charter. (Include in MOU) District staff s analysis of charter s student achievement will include comparisons to the school s baseline and growth scores over time comparisons to the performance of students in comparable district and state schools.

18 Oversight Review admissions and outreach practices, especially to traditionally underserved populations. Create a timeline for regular reports to the Board. Do not wait for renewal to provide oversight.

19 Other Areas of Oversight Pursuit of Pupil Outcomes in charter; Special Education compliance; Governance (Brown Act, Conflicts of Interest); Fiscal health Health and Safety/Facility; Operational/Administrative (attendance accounting, administrative services); Student admissions & discipline; Parent & Community Relations/Complaint Procedure

20 Student Academic Performance API English language proficiency Attendance Drop-out rates School specific goals Is the charter school providing a sound education for all of its students?

21 School Financial Performance Budget statements Cash flow statements Financial audit reports Other financial reports filed pursuant to state law Compliance with financial reporting requirements

22 Oversight Charter school financial reporting requirements Charter schools required to prepare and submit annually to the chartering authority the following reports: Preliminary budget (by July 1) LCAP (& subsequent updates) due (by July 1) Interim financial report (by 12/15 for changes through 10/31) Second interim financial report (by 3/15 for changes through 1/31) Final unaudited report (by September 15, for previous fiscal year)

23 School Organizational Performance Consider information from the following sources: Audits Site visits Board meeting minutes Community input Information from parents and staff

24 CHARTER RENEWAL

25 Charter School Renewal Education Code section 47605(b) allows a charter-granting agency to grant an initial charter term of up to 5 years Education Code section states that renewals and material revisions of charters are governed by the standards and criteria in Section the same used for initial charter petitions. Same timeline as charter approval process 60 days to make decision must have public hearing within 30 days of renewal petition submission. Renewals must be for a period of five years Authorizer should establish timelines for renewal

26 Renewal, cont. Establish timelines for renewal Communicate renewal process to charters Highlight expectations

27 Charter renewal A charter school applying for renewal should be assessed along four areas: Area 1: Is the school an academic success? Area 2: Is the school an effective, viable organization? Area 3: Has the school been faithful to the terms of its Charter? Area 4: Are the school s plans for a future charter term reasonably comprehensive?

28 Renewal Regulations- Requirements for Submission 5 C.C.R (a) A petition for renewal submitted pursuant to Education Code section shall be considered by the district governing board upon receipt of the petition with all of the requirements set forth in this subdivision: (1) Documentation that the charter school meets at least one of the criteria specified in Education Code section 47607(b). (2) A copy of the renewal charter petition including a reasonably comprehensive description of how the charter school has met all new charter school requirements enacted into law after the charter was originally granted or last renewed. (A) The signature requirement set forth in Education Code section 47605(a) is not applicable to a petition for renewal.

29 New Renewal Regulations- Evaluation Criteria - 5 C.C.R (b)(1) When considering a petition for renewal, the district governing board shall consider the past performance of the school's academics, finances, and operation in evaluating the likelihood of future success, along with future plans for improvement if any. (2) The district governing board may deny a petition for renewal of a charter school only if the district governing board makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the grounds for denial set forth in Education Code section 47605(b) or facts to support a failure to meet one of the criteria set forth in Education Code section 47607(b).

30 New Renewal Regulations- Gotcha! -- 5 C.C.R (c) If within 60 days of its receipt of a petition for renewal, a district governing board has not made a written factual finding as mandated by Education Code section 47605(b), the absence of written factual findings shall be deemed an approval of the petition for renewal. (1) The district governing board and charter petitioner may extend this date by an additional 30 days only by written mutual agreement.

31 AB 1137 Renewal Requirements (Ed. Code 47607(b)) SUSPENSION of these requirements Must meet one of the following: Attainment of the school's API growth target in two of the last three years or in the aggregate last three years; An API decile ranking of four or better in the prior year or two of the last three years; An API Similar Schools decile ranking of four or better in two of last three years;

32 AB 1137 Renewal Requirements (Ed. Code 47607(b)) Documented evidence that the performance of charter students is at least equal to that of the students in schools of the district that those students would otherwise be attending, as well as other district schools, taking into account the composition of the charter school s pupil population; or Qualification for participation in the Alternative School Accountability Model (ASAM).

33 Further Renewal requirements Charter Renewal: Amends Ed. Code 47607(b) to require that charter school meet renewal threshold schoolwide, as well as for all groups of pupils served by the charter school. The authority that granted the charter shall consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to grant a charter renewal. All groups of pupils served by the charter schools = numerically significant pupil subgroup as defined in Ed. Code 52052(a)(3). Renewal criteria already includes financial and operational considerations. Los Angeles Inland Empire Oakland Orange County Palm Desert Silicon Valley Ventura County

34 Conditions for Revocation Committed a material violation of any conditions, standards, or procedures set forth in the charter. Failed to meet or pursue any of the student outcomes identified in the charter. Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. Violated any provision of law.

35 Revocation Procedure Authorizer must provide Notice to Remedy. Charter school has reasonable opportunity to Remedy. Authorizer must provide Notice of Intent to Revoke. Public Hearing within 30 days. Decision within an additional 30 days. (Ed. Code )

36 Dependents and Revocation Dependent charters do not normally need to go through this process. If problems arise in school, it can be closed by authorizing Board. No appeal process Make sure the closure procedure is outlined in petition.