PUBLIC CHARTER SCHOOL PROGRAM

OREGON DEPARTMENT OF EDUCATION PUBLIC CHARTER SCHOOL PROGRAM CHARTER SCHOOL DEVELOPMENT: REQUIREMENTS AND PROCESS JANUARY 2010 PILOT

TABLE OF CONTENTS PART 1: CHARTER SCHOOL DEVELOPMENT What is a Public Charter School...3 Legislative Intent. 4 A Few Facts about Oregon Charter Schools...5 Rules and Waivers....6 Establishment Requirements. 6 Proposal Submission Requirements. 7 Prohibitions..7 Proposal Requirements..8 Technical Assistance.10 Access to Existing Facilities..11 The Approval Process... 11 The Charter Contract 12 ODE Requirements 12 Obtaining and Institution Number...13 Helpful Documents: Checklist 14 Application Process Flowchart..15 Frequently Asked Questions.16 Internet Resource Link... 21 2

PART 1: CHARTER SCHOOL DEVELOPMENT WHAT IS A PUBLIC CHARTER SCHOOL? In Oregon, a charter school is a comprehensive public school operated by a group of parents, teachers, and/or community members as a semi-autonomous school of choice. The charter school operates under a contract or charter contract between the members of the charter school community and the local board of education. The school must be nonsectarian. It is not allowed for an existing private school to convert into a charter school. A comprehensive program means that students receive their entire educational program from the charter school it is not an elective, enrichment or alternative program but instead offers the full educational program to meet the student s needs. As a school of choice, each student, parent and teacher chooses the school. Schoolcentered governance, autonomy from the local school district, and a clear design for how and what students will learn are the essential characteristics of a charter school. The charter contract defines the school goals, standards, education design, governance and operation. The degree of autonomy exercised by the charter school on such issues as personnel, curriculum and facilities is negotiated between the charter applicants and the local school district and is reflected in the charter. The approved application and charter contract serve as the basis for a contract between the charter school and the local school board. There are several different types of charter schools in Oregon. Bricks and Mortar: Charter schools that hold their instructional program in a building are often times referred to as bricks and mortar schools. Virtual: According to new legislation and rule recently passed, a virtual public charter school has been clearly defined. A virtual charter school provides online courses. OAR 581-020-0337 further clarifies that an online course is a course in which: Instruction and content are delivered primarily on a computer; The student and teacher are in different physical locations for a majority of the student s instructional period; The online instructional activities are integral to the academic program of the school as described in its charter; and 3

The student is not required to be located at the physical location of a school while participating in the course. If you are considering a charter school model that involves online instruction, there are additional requirements in the application, charter and renewal process that will need to be followed. Conversion: Oregon law allows traditional public schools to convert to charter schools. Sometimes this is a school building within the district that wishes to try something innovative and needs the flexibility afforded by becoming a charter school. Oregon law also allows for small schools that offer K-12 instruction to convert to charter schools as well. LEGISLATIVE INTENT ORS 338.015 Through the authorization of public charter schools, the Oregon Legislature has created an avenue for parents, teachers, and community members to take responsible risks to create new, innovative, more flexible ways of educating all children within the public school system. A charter school s program must be consistent with the purposes set forth in O.R.S. 338.015: Increase student learning and achievement Increase choices of learning opportunities for students Better meet individual student academic needs and interest Build stronger working relationships among educators, parents and other community members Encourage the use of different and innovative learning methods Provide opportunities in small learning environments for flexibility and innovation, which may be applied, if proven effective, to other public schools Create new professional opportunities for teachers Establish different forms of accountability for schools Create innovative measurement tools 4

A FEW FACTS ABOUT OREGON S PUBLIC CHARTER SCHOOLS 2009 marked the ten year anniversary of Oregon s charter school law. It was originally known as Senate Bill 100 and was passed into law in May 1999. Oregon was the 38th state to enact a charter school law. There are currently 40 states and the District of Columbia that have charter school laws. City Academy in St. Paul, Minnesota was the first charter school in the United States and opened in 1992. Lourdes in the Scio School District was the first Oregon charter school and opened in 1999. In the fall of 2010 there were 101 public charter schools in Oregon, sponsored by 60 school districts and the State Board of Education, located in 26 counties. Public charter school enrollment for 2009-10 reached over 14,000 students. The average enrollment of Oregon s charter schools was 166 and 9 charter schools had fewer than 50 students. Oregon charter schools have a high degree of accountability including annual reports, a municipal audit, AYP requirements, Oregon School Report Card, OSAT, and regular oversight by the sponsor. Charter schools must pay for educational facilities out of their State School Funds. Oregon charter schools offer a wide range of instructional programs and grade configurations including Montessori, Waldorf, Arts and Sciences, Military Academy, Dual Language Immersion, and International Baccalaureate. Approximately 10-12 charter schools open in Oregon each year. All charter school employees belong to the Oregon PERS system. 5

RULES AND WAIVERS ORS 338.025 The State Board of Education have been given the authority through this law to grant waivers of any provision of the charter school law if the waiver would promote the following conditions: 1. Development of programs by providers; 2. Enhances the equitable access to the school by underserved families; 3. Extends the equitable access to public support by all students; or 4. Permits high quality programs of unusual cost. The State Board may not waive any appeal provisions or any provisions under 338.115. ESTABLISHMENT REQUIREMENTS ORS 338.035 Charter schools may be established as a brand new school, as a virtual public charter school, from an existing public school or from an existing alternative education program as defined in ORS 336.615. Prior to operating as a public charter school, it must be: 1. Approved by a sponsor. In Oregon the only authorizers are local school boards or the State Board of Education. 2. Be established as a nonprofit organization under the laws of Oregon; 3. Have applied to qualify as an exempt organization under section 501(c)3 of the Internal Revenue Code. There are exceptions to this rule, however. The above requirement does not apply in the following two cases: The charter school is in a school district that is composed of only one school; or The charter school is in a school district that is a remote and necessary school district on the date the school first begins operation as a public charter school. 6

PROPOSAL SUBMISSION REQUIREMENTS ORS 338.035 The application process usually consists of a series of meetings, dialogues and negotiations between the applicants and the appropriate staff members at the potential sponsor school district. 1. Applicant seeking to establish a charter school notifies district where charter school will be located at least 120 days prior to the projected opening date. Many districts have a deadline for application submission. Check with your local school district for their requirement. 2. Applicant shall provide a copy of any proposal submitted to both the local school board and to the Oregon Department of Education charter school team. PROHIBITIONS ORS 338.035 There are certain prohibitions regarding charter schools: While school districts with just one school may convert that one school to a charter school. If a school district has more than one school then one or more but not all may become charter schools. A private school that is tuition based may not become a public charter school. An existing alternative education program as defined is ORS 336.615 may become a public charter school. A program or school affiliated with a nonpublic sectarian school or a religious institution may not become a public charter school. 7

PROPOSAL REQUIREMENTS ORS 338.045 An applicant seeking to establish a public charter school shall submit a written proposal to a school district board. The proposal must include detailed explanation of the following elements: a) Identification of the applicant; b) Name of the proposed public charter school; c) A description of the philosophy and mission of the proposed school; d) A description of the curriculum of the proposed school; e) A description of the expected results of the curriculum and verified methods of measuring and reporting objective results that will show the growth of knowledge of students attending of the proposed school that can be used to compare with other public schools; f) The governance structure of the proposed school; g) The projected enrollment to be maintained and the ages or grades to be served; h) The target population of the students the proposed school will be designed to serve; i) A description of any distinctive learning or teaching techniques to be used of the proposed school; j) The legal address, facilities and physical location of the proposed school (if known); k) A description of the admission policies and application procedures; l) The statutes and rules that shall apply of the proposed school; m) The proposed budget and financial plan for the public charter school and evidence that the proposed budget and financial plan are financially sound; n) A description of the financial management system for the public charter school and a plan for having the financial management systems in place at the time the school begins operating; o) The standards for behavior and the procedures for the discipline, suspension or expulsion of students; p) The proposed school calendar for the proposed school, including the length of the school day and school year; q) A description of the proposed staff members and required qualifications of the teachers at the public charter school; 8

r) The date upon which the proposed school would begin operating; s) The arrangements for any necessary special education and related services provided for children with disabilities who may attend the public charter school; t) Information on the manner in which community groups may be involved in the planning and development process of the public charter school; u) The term of the charter; v) The plan for performance bonding or insuring the public charter school, including buildings and liabilities; w) A proposed plan for the placement of public charter school teachers, other school employees and students of the public charter school upon nonrenewal or termination of the charter; x) The manner in which the program review and fiscal audit will be conducted. y) In the case of an existing public school being converted to charter status the following additional requirements apply: a. Alternative arrangements for students who choose not to attend the public charter school; b. Alternative arrangements for teachers and other school employees who choose not to participate in the public charter school; c. A clear description of the relationship that will exist between the charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any. In July of 2009, SB 767 increased the requirements for virtual public charter schools. In addition to any other required proposal elements, a virtual public charter school must also have: 1. A plan for academic achievement that addresses how the school will improve student learning and meet academic content standards; 2. Performance criteria the school will use to measure the progress of the school in meeting the academic performance goals set by the school for its first five years of operation; 3. A plan for implementing the proposed education program of the school by directly and significantly involving parents and guardians of students enrolled in the school and involving the professional employees of the school; 4. A budget, business plan and governance plan for the operation of the school; 5. An agreement that the school will operate using an interactive Internet-based technology platform that monitors and tracks student progress and attendance in conjunction with performing other student assessment functions; 9

6. An agreement to employ only licensed teachers who are highly qualified as described in the Elementary and Secondary Education Act (ESEA Currently known as NCLB). 7. A plan for maintaining student records and school records, including financial records, at a designated central office of operations. 8. A plan to provide equitable access to the education program of the school by ensuring that each student enrolled in the school has: a. Access to and use of computer and printer equipment as needed; b. Is offered an Internet service cost reimbursement; or c. Both a and b above. 9. A plan to provide access to computer and printer equipment as described above. 10. A plan to conduct school-sponsored optional education events at least six times each school year at locations that provide convenient access to all students enrolled. 11. A plan to conduct biweekly meetings between teachers and students enrolled in the school either in person, through the use of conference calls, or other technology 12. A plan to provide opportunities for face-to-face meetings between teachers and students at least six times each school year. The local school board may require any additional information and elements the board considers relevant to the formation or operation of the proposed public charter school. TECHNICAL ASSISTANCE ORS 338.045 The district is not required by statute to provide technical assistance to charter school applicants. The law does allow the applicant to request technical assistance and the school board may choose to provide technical assistance in developing the proposal for the operation of the public charter school. 10

ACCESS TO EXISTING FACILITIES ORS 338.045 School districts, education service districts and other public bodies, as defined in ORS 174.109, must make available to the public lists of vacant and unused public buildings and portions of buildings that may be suitable for the operation of a public charter school. The list must be provided to developing or operating public charter schools within 30 days of a written request. There is no requirement that the owner of a building on the list to sell or lease the building or any portion of the building to a public charter school or its governing body. THE APPROVAL PROCESS ORS 338.055 Once a proposal is complete, it is submitted to the local school board for consideration and approval. The process is outlined in the ORS cited above, but is further clarified in the Oregon Administrative Rule (OAR) 581-020-0300. The statute notes that school boards may not charge applicants a fee for the proposal process and upon request to the State Board of Education may extend the timelines for good cause. Please see the flowchart on page 15 for the timeline and procedures. 11

THE CHARTER CONTRACT ORS 338.065 Upon the approval of a proposal, the local school district board becomes the sponsor of the new public charter school. The sponsor and the applicant develop a written charter. The charter contract shall incorporate provisions of the proposal that have been duly approved by the sponsor and the public charter school governing body. The sponsor and applicant may agree to change elements of the proposal prior to incorporating them into the charter or exclude other elements from the approved proposal. The charter, when signed by both governing boards becomes a legal contract authorizing the establishment of the public charter school. The charter contract is legally binding on both the sponsor and the charter school governing body. The sponsor and public charter school governing body may amend a charter by joint agreement at any time. The initial charter contract can be no longer than five years. OPENING YOUR SCHOOL - ODE REQUIREMENTS In order to officially open a charter school, enroll students and generate state school funds, the charter school developer must have the following documents on file with the Charter School office: 1. Charter board policy on handling conflict of interest and ethics 2. Charter board policy on procurement or purchasing processes 3. Documentation describing the sound financial management 4. A copy of the approved proposal 5. EIN documentation 6. A signed and dated copy of the charter contract. 12

OBTAINING AN INSTITUTION NUMBER Once all of these documents have been submitted to ODE, the next step is to apply for an Institution Identification Number (InstID). This is a big hurdle and requires the charter school to take the final steps in becoming officially recognized as a public school in Oregon. Currently the process takes about a month from the time the institutions paperwork is complete has been submitted before the institution number is awarded. In order to apply for an InstID please visit: http://www.ode.state.or.us/search/results/?id=219 On that page there are forms and instruction on exactly what is required for application. You will need: 1. New Institution/Institution Update Form 2. Boundary Calculator contact ODE staff for assistance 3. District School Board minutes authorizing the request. Upon submission, a review of the documents will be conducted. If all requested documentation is complete two separate committees will review and approve the request. You will be notified when the request has been approved. Once again, you should plan on this process taking at least a month and you are not a public school in Oregon, nor will you generate funds until the institution identification number is issued. 13

CHARTER SCHOOL DEVELOPMENT CHECKLIST REQUIRED ELEMENTS Notify school district at least 120 days before planned opening (p.5) Establish nonprofit and 501(c)3 status (p.6) Send copy of proposal to local school district (p.6) Send copy of proposal to ODE (p.6) Proposal has required elements (p.7) Obtain approval (p.11 and p.15) Negotiate the charter contract (p.12) Submit documents to ODE (p.12) o Conflict of interest policy o Purchasing policy o Description of sound financial management system o Approved proposal o EIN documentation o Signed and dated charter contract Obtain institution number (p.13) o Institution form o Boundary calculator o Board minutes Open Oregon Public Charter School! 14

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Charter School Application Process in Stages Defined in OAR 581-020-0300, the Public Charter School Proposal Review and Approval Process STAGE 1 Submit Proposal to Local School Board and file copy with ODE District notifies charter within 15 working days regarding the completeness of the application. Application must be deemed complete before public hearing can be scheduled. Public Hearing within SIXTY days of application being deemed complete Proposal denied or approved within THIRTY days of public hearing. Proposal denied (reasons given w/suggestions for revision) Proposal Approved Sponsor and applicant negotiate charter File copy with ODE No further action taken STAGE 2 Modified proposal resubmitted After resubmission, district must approve or disapprove charter application within 20 days Proposal denied (reasons given w/suggestions for revision) When applicant received written notification a copy must be sent to ODE. Proposal Approved Sponsor and applicant negotiate charter File copy with ODE No further action taken STAGE 3 Request for decision review by ODE (ODE mediates and/or suggests revisions) Proposal denied by local school district Proposal Approved Sponsor and applicant negotiate contract File copy with ODE Proposal denied by ODE ODE becomes sponsoring agency Request for Judicial Review 16 Decision to deny upheld ODE directed to become sponsor

OREGON PUBLIC CHARTER SCHOOL FREQUENTLY ASKED QUESTIONS (Please note: Negotiations between the charter school and school district will further determine many of these issues.) 1. What is the best way to get started? Research shows the single most important attribute of successful public charter schools is a clear sense of purpose or mission that is shared by parents, students, staff and the governing board. One way to begin crafting a common vision is to turn each of the ORS 338 goals into a How are we going to? question. The discussions and debates that answer these questions should develop into a clear and compelling sense of purpose and can be translated into a mission statement and measurable goals. 2. Why is it so important to begin with a mission statement? The mission statement is a powerful tool and, when properly constructed, empowers everyone in the school to assume responsibility for the school and its ultimate direction. It tells the world what is valued or important at the particular school and how the school is different from other public schools. It guides the school s decision makers in every aspect of planning and operations. It provides a sense of ownership to the entire school community. 3. What are the elements of a mission statement and goals? A mission statement: Describes the purpose of the charter school, Is clear, focused and consistent with high academic standards and student success for all students, Informs the public about who the charter school intends to reach, and Informs the public how the charter school seeks to make a difference in public education and the community. Goal statements: Are clear, measurable and reasonable, and 17

Foster academic and non-academic high expectations for all students. 6. Who may sponsor (authorize) a public charter school? (ORS 338.005) The local school district is the sponsoring agent for the charter school. It is recommended a working relationship with the school district be established during the planning stages. 7. What is the process for applying to become a public charter school? (ORS 338.055) A written proposal must be submitted to the local school board for review and the Oregon Department of Education for record of submission. A checklist of items that must be included in the proposal is available under Requirements for a Public Charter School Application. ORS 338.045 lists the elements required to be in the proposal. However, school districts, as authorizers, may also have specific requirements as well. The school district has 15 days after the receipt of the proposal to inform the charter school whether or not the application is complete. 8. What is the timeline once the proposal has been deemed complete? (ORS 338.055) The school board has 60 days to hold a public hearing. The proposal must be approved or denied within 30 days after the public hearing. 9. How will the district decide if my proposal is acceptable? School districts often use committees to examine the proposal and will consider the elements listed in ORS 338.045 and the criteria in ORS 338.055, as well as any local criteria to determine if they will sponsor the charter school. For example, districts may use local criteria to determine if short term and long term fiscal stability is in evidence. 10. What happens once the proposal has been approved? (ORS 338.065) Once the proposal has been approved, the public charter school applicant and the sponsoring school district develop a written charter agreement. 11. What happens if the proposal is denied? (ORS 338.065) The school board must provide written reasons for the denial and suggest remedial measures. The applicant can resubmit a revised proposal. The school board has 20 days after receiving the resubmitted proposal to either approve or deny. 18

12. What happens if the resubmitted proposal is still not approved? (ORS 338.065 & ORS 338.075) If the resubmitted proposal is not approved, the applicant may appeal the decision to the State Board of Education. The Board will attempt to mediate a resolution between the applicant and the local school board. If mediation is unsuccessful, an applicant may request State Board of Education sponsorship under ORS 338.075. 13. May a religious or tuition-based private school apply to be a public charter school? (ORS 338.035) No, a tuition-based or religious affiliated school may not convert to a public charter school. The law allows for only new public schools, schools within schools or existing alternative educational programs to apply for public charter school status. 14. How do I find out about available facilities? (ORS 338.045) It is helpful to have a liaison with the district as they may have suggestions about facilities. The local ESD can, to the extent it is available, provide information of vacant, under-utilized or unused private and public buildings. 15. Who pays for the building? This is negotiated between the applicant and the sponsor and is stipulated in the charter agreement. 16. Do public charter school teachers and administrators need to be licensed by the Teacher Standards and Practices Commission (TSPC)? (ORS 338.135) In a bricks and mortar charter school, at least fifty percent of the total FTE (full time equivalency) must be licensed teachers and/or administrators. The other fifty percent must be registered by the TSPC. For example, if the total FTE for a public charter school was four (approximately 32 hours a day), then 16 of those hours could be assigned to a person who was not a licensed teacher and was registered with TSPC. Under new legislation, all teachers in a virtual charter school must be licensed and highly qualified. 17. How many students must be enrolled in a public charter school? (ORS 338.115) The public charter school must serve a minimum of twenty-five full time students. 19

18. May a charter school count a home schooler as a part of its membership? No, a student may only have one status. If a student is registered as home schooler, then the home schooling rules apply to that student. 19. May a charter school receive any ADMw for a home schooler who attends part of one-half of the school day? Yes. Anything less than ½ time can be counted on the PT/Special Form under shared time and the commensurate amount of funding will follow this student. 20. Can a charter school count two ½ day home schoolers as one full time registered student as part of the 25 minimum membership? No. A home schooler has the status of a home schooler and cannot be a member of a charter school for the purpose of counting towards minimum membership. A student may only have one status at a time and a student who has registered as a home schooler has self-decided his/her status 21. The Charter Handbook states a minimum of 25 students is required to operate a charter school. Do any or all of these students have to be full time? Yes, you need to have a minimum of 25 full time students to operate a charter school. 22. May a public charter school limit the admission of certain students? (ORS 338.125) No. The law clearly states that admission based on ethnicity, national origin, disability, gender, income level, and proficiency in English language or athletic ability is prohibited. The only qualification for admission can be grade or age. 23. May priority be given to certain students? (ORS 338.125) The only priority can be to students enrolled the previous year and to their siblings. 24. What happens if there are more students that want to attend the school than there is space available? (ORS 338.125) An equitable lottery system must be established. 25. May an out-of-district student attend a public charter school? (ORS 338.125) 20

Yes, but the charter school must follow the criteria for lotteries that give preference for siblings of current students and in district students before any out of district students can be enrolled. 26. Are public charter schools required to administer the state and local assessments? (ORS 338.115) Yes, all State assessments are required. http://www.ode.state.or.us/search/results/?id=169 28. How does a charter school receive assessment materials? The sponsoring school district is responsible for providing testing information and materials to the charter school. 27. Must special education service be provided in public charter schools? (ORS 338.165) Yes, special education services must be provided. The charter between the school and its sponsor should address how the system of services will be provided. Individual educational programs and service delivery is determined by each student s IEP team after the student enrolls in the charter school. More information can be found in this handbook and at the following websites: http://www.edlaw.net/ http://www.ideapractices.org http://www.ode.state.or.us/search/results/?id=319 http://www.ode.state.or.us/search/results/?id=40 (ODE special education) 30. Does the district add any money to the charter school ADMw for adjusting the number of students in poverty? (ORS 338.157) For purposes of the weighted average daily membership (ADMw), the district assumes the public charter school has the same percentage of children in poverty families as the school district. Based on this percentage, the district adds an additional amount to the ADM. 21

Oregon Public Charter School Start-up Resources The following resources are available to assist in the development of charter schools. http://www.publiccharters.org/ - National Alliance for Public Charter Schools http://www.uscharterschools.org - Comprehensive information on starting and running a charter school http://www.ode.state.or.us/search/results/?id=124 - Oregon Department of Education web site http://www.edreform.com - Center of Education Reform http://www.crpe.org/ - Center on Re-inventing Public Education http://www.qualitycharters.org - National Association of Charter School Authorizers http://www.charterresource.org - Charter School Finance and Governance http://www.ed.gov/programs/charter/index.html - US Department of Education Charter School site http://www.uoregon.edu/~jthomps3/charterstarters/services/index.html - Charter Starters, Inc http://nwceo.org/- Northwest Center for Educational Options 22