JCSD Policy: Section K/L - Community Relations http://policy.509j.net/Section KL Community Relations/Forms/AllPages.aspx RSS feed for the Section K/L - Community Relations list. Mon, 06 Sep 2010 03:19:51 GMT Windows SharePoint Services V3 RSS Generator 60 JCSD Policy: Section K/L - Community Relations /_layouts/images/homepage.gif http://policy.509j.net/Section KL Community Relations/Forms/AllPages.aspx LBE-AR - Public Charter Schools http://policy.509j.net/Section KL Community Relations/Forms/DispForm.aspx?ID=22

Code: LBE-AR

Adopted: 10/8/01

Revised: 1/22/07; 4/26/10

Orig. Code(s): R815

Public Charter Schools

 

I.  Definitions:

1. Applicant – Any person or group that submits a written proposal for a public charter school to the district and/or has prepared a public charter school grant application. The applicant shall be established as a nonprofit organization under the laws of Oregon and shall either have applied to qualify or have current status as an exempt organization under section 501(c)(3) of the Internal Revenue Code.

2. Complete Proposal – The application to become a public charter school addresses all of the required components set forth in the district’s Administrative Rule (AR)and other applicable requirements established by this policy. Proposals that minimally address or leave out any of the required components are not complete proposals and shall be returned to the applicant, consistent with OAR 581-020-0301(2).

3. Public Charter School – An elementary or secondary school (K-12) offering a comprehensive instructional program operating under a written agreement entered into between a sponsoring school district (or State Board of Education) and an applicant, consistent with Oregon law and administrative rules.

4. Sponsor – That organization that works with the "applicant" to develop a written charter for the school. Pursuant to ORS 338.075, a "sponsor" shall be either the local Board or the State Board of Education.

5. Virtual Public Charter School means a public charter school that provides online courses, but does not primarily serve students in a physical location.

a. For the purpose of this definition, an online course is a course in which instruction and content are delivered on a computer; the student and teacher are in different physical locations for the majority of instructional time; the student is not required to be in a physical location of a school while participating in the course; and the online instruction is integral to the academic program of the charter school.

b. For the purpose of this definition, primarily serving students in a physical location means that more than 50 percent of the core courses offered are not online courses; more than 50 percent of the total number of students attending the school are not receiving instructional services in an online course; and more than 50 percent of the school’s required instructional hours are not through an online course.

6. Remote and necessary school district means a school district that offers kindergarten through grade 12 and has: (a) an average daily membership (ADM), as defined in ORS 327.006, in the prior fiscal year of less than 110; and (b) a school that is located, by the nearest traveled road, more than 20 miles from the nearest school or from a city with a population of more than 5,000.

II.  Intent and Goals:

The district recognizes that public charter schools offer an opportunity to create, new innovative and more flexible ways of educating students in an atmosphere of learning experiences based on current research and development. Public charter schools shall demonstrate a commitment to the mission and diversity of public education while adhering to the goals identified in their written application.

III.  Formation:

1. Public charter schools may be established as a new school, from an existing public school or a portion of a school, or from an existing alternative education program as defined in ORS 336.615.

2. A public charter school may not be an existing tuition-based private school, contract for provisions of services with a tuition-based school or institution, affiliate itself with a non-public sectarian school or religious institution or encompass all the schools in the school district.

3. Before an entity may operate a public charter school it must be established as a nonprofit organization under the laws or Oregon, have applied to qualify as an exempt organization under section 501(c)(3) of the Internal Revenue Code, and be approved by a sponsor.

IV.  Application, Evaluation and Approval of Proposals for Public Charter Schools:

1. An applicant seeking to establish a public charter school may submit a written proposal to the superintendent on behalf of the Board between September 1 and September 30 to commence operations of the school in the September of the following year (example: Sept 1-30, 2007 for operations to begin Sept. 2008). Only complete applications, as defined in the definitions section above, shall be considered for the purpose of evaluation and approval.

2. The applicant’s proposal shall reflect all requirements set forth in this policy and in the district’s Administrative Rule (AR)and include:

a. The identification of the applicant, including proof of nonprofit status under the laws of Oregon and proof of application to qualify as an exempt organization under section 501(c)(3) of the Internal Revenue Code;

b. The name of the proposed public charter school;

c. The legal address, facilities and physical location of the public charter school, including appropriate variances, land use and permit approvals necessary to operate a public charter school in the space proposed. Public charter school applicants, including those currently operating as a school of the district or a portion of a school of the district shall not assume availability of Jefferson County School District building space in their proposal;

d. A description of the philosophy and mission of the public charter school;

e. A description of the curriculum of the public charter school;

f. A description of the expected results of the curriculum and the verified methods of measuring and reporting objective results, in addition to the state’s annual assessments for students in grades 3,5,8 and 10, and the district’s levels tests, that will show the growth of knowledge of students attending the public charter school and allow comparisons with public schools;

g. The governance structure of the public charter school, including but not limited to, the number of persons and the make-up of the governing body and its advisory board(s), the roles of those bodies, and the extent to which parents of the students at the school and the school’s community have input to the governance of the pubic charter school;

h. The projected enrollment to be maintained and the ages and/or grades to be served;

i. The target population of students the public charter school will be designed to serve;

j. The description of any distinctive learning and/or teaching techniques to be used in the public charter school;

k. A description of student application and enrollment procedures, and the admissions policy;

l. A list of the Oregon laws and administrative rules that the applicant will apply to the public charter school;

m. The proposed 3-year budget and financial plan for the public charter school and evidence that the proposed budget and financial plan for the public charter school 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.

(1)  A sound financial management system must have:

(a)  Accounting and financial record-keeping procedures which reflect Generally Accepted Accounting Principals (GAAP);

(b)  Procedures reflecting cash management, investment practices and financial reporting;

(c)  Balance sheets reflecting profit, expenditures, and revenues received;

(d)  Segregation of duties of those providing reports; and

(e)  Processes for reflecting annual review of such systems by both charter school and sponsor.

o. The standards for behavior and the procedures for the discipline, suspension and expulsion of students;

p. The proposed 3-year school calendar for the public charter school, including the length of the school day and school year;

q. A description of the proposed staff members and required qualifications of teachers at the public charter school; including a breakdown of professional staff who hold a valid teaching license issued by Teacher Standards and Practices Commission (TSPC) and those who do not hold a license but are registered with TSPC;

r. The date upon which the public charter school would begin operating;

s. How the public charter school will comply with federal laws governing services to students who are eligible for special education and related services; for students with disabilities who qualify under IDEA and special education or regular education and related services for students who qualify under Section 504 of the Rehabilitation Act of 1973 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, and with ORS 338.165;

u. The term of the charter;

v. The plan for insuring the public charter school and protecting as a sponsor, minimally including:

1. Commercial general liability insurance with a minimum limit of $1,000,000 per occurrence and $3,000,000 annual aggregate, and covering the public charter school, the governing board, employees and volunteers against liability for damages because of personal injury, bodily injury, death or property damage, (including loss of use thereof). Coverage must include, but is not limited to, contractual liability, advertiser’s liability, employee benefits liability, teacher’s liability and professional liability;

2. Commercial automobile insurance on a symbol "1" basis with a minimum limit of $1,000,000 per occurrence and $3,000,000 annual aggregate;

3. School leaders Errors and Omissions (E&O) insurance with a minimum limit of $1,000,000 per occurrence and $3,000,000 annual aggregate;

4. All real and personal property shall be insured on a blanket, agreed amount, replacement cost basis;

5. A blanket fidelity bond with a minimum limit of $100,000 will cover employees and volunteers;

6. The school administrator and business manager (as applicable) shall be covered with surety bonds with a minimum limit of $100,000;

7. All employees and volunteers shall be covered with workers compensation insurance;

8. Any deductibles over $5,000 per shall be approved by the district;

9. Insurance carriers shall be rated as "A" or better by A.M. Best Company;

10. The district, its Board members past and present, and its employees and volunteers will be added as an additional insured by endorsement to the commercial general liability and school leaders E&O insurance policies required above;

11. Policies will be endorsed with a 60-day "notice of cancellation or material change provision;"

A current Certificate of Insurance and copies of appropriate endorsements shall be filed with the district, and renewed annually.

w. The manner in which the program review and fiscal audit will be conducted; and

x. In the case of an existing public school being converted to a public charter school;

1. The alternative arrangements for students who choose not to attend the public charter school and/or for teachers and other school employees who choose not to participate in the public charter school;

2. The relationship that will exist between the public 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, and.

3. A proposed plan for the placement of public charter school teachers and other employees and students of the public charter school upon termination or non-renewal of a charter.

y. In addition to the minimum requirements enumerated in ORS 338.045 (2)(a) - (x), the district, under ORS 338.045 (3), may require the applicant to submit any of the following information as necessary to add detail or clarity to the minimum requirements or that the Board considers relevant to the formation or operation of the public charter school:

(1)  Curriculum, Instruction and Assessment

(a)  Description of a curriculum for each grade of students, which demonstrates in detail alignment with Oregon’s academic content standards;

(b)  Description of instructional goals in relationship to Oregon’s academic content standards and benchmarks;

(c)  A planned course statement class taught in the program, including related content standards, course criteria, assessment practices and state required work samples that will be collected;

(d)  Documentation that reflects consideration of credits for public charter school course work a student may perform at any other public school;

(e)  Explanation of grading practices for all classes and how student performance is documented;

(f)  Explanation of how the proposed academic program will be aligned with that of the district. (If an applicant is proposing an elementary level public charter school, please describe how the curriculum is aligned at each grade level with the district’s curriculum, including an explanation of how a student in the public charter school will be adequately prepared to re-enter the district’s public school system after completing the charter school’s program.);

(g)  Description of the student assessment system, including how student academic progress will be measured at each grade level and any specific assessment instruments that will be used;

(h)  Description of the plan for reporting student progress to parents, students and the community;

(i)  Description of policies and procedures regarding diplomas and graduation;

(j)  Description of policies and practices for meeting the needs of students who are not successful in the regular program;

(k)  Identification of primary instructional materials by publisher, copyright date, version and edition for each academic content area in each grade;

(l)  Identification of major supplementary material in core academic content areas and the criteria for use with students;

(m)  Description of how the public charter school will meet the unique learning needs of students working above and below grade level, including but not limited to talented and gifted students;

(n)  Description of how the public charter school staff will identify and address students’ rates and levels of learning;

(o)  Description of strategies the public charter school staff will use to create a climate conducive to learning and positive student engagement;

(p)  Documentation that demonstrates improvements in student academic performance over time (both individual and program/grade level) from any private alternative school operated by the public charter school applicant, if applicable;

(q)  Description of how teachers will utilize current student knowledge and skills to assist in the design of appropriate instruction;

(r)  Identification of how the public charter school will provide access to national assessments such as PSAT, SAT and ACT, if applicable;

(s)  Description of parental involvement, content of planned meetings and how the school will adjust any meeting to meet the needs of working parents;

(t)  Description of distance learning options available to students, including the grade levels and amount of instruction offered to students, if applicable.

(2)  State and Federal Mandates/Special Education

(a)  Description of how the public charter school will meet any and all requirements of No Child Left Behind, which also specifically addresses adequate yearly progress (AYP) and the safe schools aspects of the law.

(b)  Description of how the public charter school will collect AYP information on all subgroup populations in the school;

(c)  Description of specific program information regarding curriculum and how specially designed instruction is delivered for special education students. (Include methodologies, data collection systems and service delivery models used.);

(d)  Description of how the public charter school will serve the needs of talented and gifted students, including screening, identification and services;

(e)  Description of how the public charter school will deliver services and instruction to English Language Learners (ELL), including descriptions of curriculum, methodology and program accommodations;

(f)  Description of how the public charter school will work with the district to comply with Section 504 accessibility requirements and nondiscrimination requirements in admissions and staff hiring;

(g)  Explanation of how the public charter school will work with the district to implement Child Find requirements;

(h)  Explanation of how the public charter school will work with the district to manage IDEA 2004 mandates regarding eligibility, IEP and placement meetings;

(i)  Explanation of how the public charter school will work with the district to implement accommodations and modifications contained in the IEP or Section 504 plan;

(j)  Explanation of how the public charter school will work with the district to include parents in implementing IEPs;

(k)  Explanation of how the public charter school intends to work with the resident district of any IEP student to provide special education services.

(3)  Teacher Certification

(a)  Identification regarding the training and/or certification of staff, including areas of industry training, endorsements and Teacher Standards and Practices Commission (TSPC) licensure;

(b)  Explanation of how the public charter school will meet the federal mandate of "highly qualified" teachers contained in No Child Left Behind;

(c)  Identification of which teachers are Oregon Proficiency-based Admission Standards System (PASS) trained by content areas and year of training or re-training, if applicable;

(d)  Explanation of how the public charter school will comply with TSPC requirements for all staff, including all TSPC Oregon Administrative Rules pertaining to its staff.

(4)  Professional Development

(a)  Provide the public charter school’s plan for comprehensive professional development for all staff;

(b)  Identification of how the public charter school’s licensed staff will obtain their required Continuing Professional Development units for licensure renewal.

(5)  Budget

(a)  Explanation of projected budget item for PERS contributions that would be required of the public charter school;

(b)  Description of planned computer and technology support;

(c)  Description of planned transportation costs, if applicable;

(d)  Explanation of projected budget items for teaching salaries and other personnel contracts;

(e)  Explanation on facilities costs, including utilities, repairs, and rent;

(f)  Copies of municipal audits for any other public charter school operated by the public charter school applicant, if applicable.

(6)  Policy

(a)  Copies of any policy that the public charter school intends to adopt which address expectations of academic standards for students and transcripting of credits;

(b)  Copies of any policy that the public charter school intends to adopt on student behavior, classroom management, suspensions and expulsions, which must contain an explanation of how the charter school will handle a student expelled from another district for reasons other than a weapons violation;

(c)  Descriptions and copies of any policy that the public charter school intends to adopt regarding corporal punishment;

(d)  Copies of any policy that the public charter school intends to adopt regarding dispensing of medication to students who are in need of regular medication during school hours;

(e)  Description of procedures on how the public charter school will handle disciplinary referrals and how they will impact student promotion and advancement;

(f)  Copies of any policy that the public charter school intends to adopt regarding reviewing and selecting instructional materials;

(g)  Copies of any policy that the public charter school intends to adopt regarding solicitation/advertising/fundraising by nonschool groups;

(h)  Copies of any policy that the public charter school intends to adopt regarding field trips;

(i)  Copies of any policy that the public charter school intends to adopt regarding student promotion and retention;

(j)  Copies of any policy that the public charter school intends to adopt regarding student publications;

(k)  Copies of any policy that the public charter school intends to adopt regarding staff/student vehicle parking and use;

(l)  Copies of any policy that the public charter school intends to adopt regarding diplomas and graduation, and also participation in graduation exercises;

(m)  Copies of any policy that the public charter school intends to adopt regarding student/parent/public complaints;

(n)  Copies of any policy that the public charter school intends to adopt regarding visitors;

(o)  Copies of any policy that the public charter school intends to adopt regarding staff discipline, suspension or dismissal.

(7)  Other Information

(a)  Plans for use of any unique district facilities including, but not limited to, gymnasiums, auditoriums, athletic fields, libraries, cafeterias, computer labs and music facilities;

(b)  Plans for child nutrition program(s);

(c)  Plans for student participation in extracurricular activities pursuant to Oregon School Activities Association and Board policy, regulations and rules;

(d)  Plans for counseling services;

(e)  Explanation of contingency plans for the hiring of substitute professional and classified staff;

(f)  Description of how the public charter school will address the rights and responsibilities of students;

(g)  Description of how the public charter school will handle situations involving student, possession, use or distribution of illegal drugs, weapons, flammable devices and other items that may be used to injure others;

(h)  Copies of program reviews conducted by other school districts that may have referred students to another public charter school operated by the public charter school applicant, if applicable;

(i)  Description of the typical school day for a student, including a master schedule, related activities, breaks and extracurricular options;

(j)  Description of how student membership will be calculated, including a description of the type of instruction and location of instruction that contributes to Average Daily Membership (ADM).

(k)  Documentation and description of how long most students remain in the program, and documentation of student improvement in academic performance, disciplinary referrals, juvenile interventions, or any other disciplinary action while in the program;

(l)  Explanation of the legal relationship between the public charter school and any other public charter school, if applicable. (Please provide any contracts or legal documents that will create the basis of the relationship between the entities. Please also provide all financial audits and auditor’s reports.);

(m)  If a public charter school applicant is operating any other public charter school, documentation that the public charter school applicant has established a separate Oregon nonprofit corporation, legally independent of any other public charter school in operation;

(n)  If a public charter school applicant has not secured a facility at the time of submitting a public charter school proposal, a written and signed declaration of intent that states:

If given any type of approval (conditional or unconditional), the public charter school applicant promises to provide to the school district liaison, at least sixty (60) days before the intended date to begin operation of the public charter school, proof that it will be able to secure, at least thirty (30) days before the intended date to begin operation of the public charter school, a suitable facility, occupancy and safety permits and insurance policies with minimum coverages required by the school district in school board policy and administrative regulation LBE that sets forth the requirements and process for the school board in reviewing, evaluating and approving a public charter school.

If the public charter school applicant fails to provide proof of an ability to secure a facility and all necessary occupancy and safety permits and insurance that is required by the school district as a condition of approval by the due date, it will withdraw its application to begin operation of a public charter school for the upcoming school year.

By signing this document, I affirm that I am authorized to make the promises stated above on behalf of the public charter school applicant. I understand that failure to fulfill the conditions listed above will result in an approval becoming void, and will automatically revoke any type of approval that the school board previously granted to the public charter school applicant.

Name____________________________  Date_________

On behalf of the [ADD APPLICANT’S NAME]

The public charter school applicant will organize and label all information required in section 25 to correspond to the requested numbers.

 

V. Proposal Review Process

1. The superintendent may appoint an advisory committee to review public charter school proposals and submit a recommendation to the Board. The committee will consist of district representatives, community members and others as deemed appropriate.

2. Within 15 business days of receipt of a proposal from an applicant the district will determine the completeness of the proposal under ORS 338.055 and either notify each applicant that the district has determined the proposal is complete containing the required components listed in ORS 338.045 (2)(a-y)or return any incomplete proposal to the applicant in accordance with OAR 581-020-0301(2).  A good faith determination of incompleteness is not a denial for purposes of requesting state board review under ORS 338.075.

3. Within 60 days of notification to the applicant that the district has received a completed proposal, the district’s Board shall hold a public hearing. At the hearing, the applicant will present the proposed plan for the public charter school. The superintendent shall provide a written evaluation of the proposal. Any resident of the district may testify regarding the proposed public charter school.

4.  The Board must evaluate the proposal in good faith using the following criteria:

a. The demonstrated, sustainable support for the public charter school by teachers, parents, students and other community members, including comments received at the public hearing required by ORS 338.055. In particular, the application shall demonstrate how the proposed public charter school would address the goals established by the district and provide evidence of local community support for the proposed charter school;

b. Evidence of financial stability of the public charter school, or the detailed plan for financially stable operations of a new school, including the submission of a detailed budget, which should include a detailed start-up budged, realistic financial expectations and revenue projections and any past experience in utilization of appropriate money management strategies.

c. The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs to students;

d. The capability of the applicant, in terms of support and planning, to specifically provide comprehensive instructional programs to students identified by the applicant as academically low achieving;

e. The extent to which the proposal addresses the information required to be in the complete application;

f. Whether the value of the public charter school is outweighed by any directly identifiable, significant and adverse impact on the quality of the public education of students residing in the district, including but not limited to the extent to which the public charter school will not duplicate or diminish programs available through the district;

A "directly identifiable, significant and adverse impact" is defined as an adverse loss or reduction in staff, student, program or funds that may reduce the quality of existing district educational programs. This may include, but not be limited to, the following current data as compared to similar data from preceding years:

(1)  Student enrollment;

(2)  Student teacher ratio;

(3)  Staffing with appropriately licensed or endorsed personnel;

(4)  Student learning and performance;

(5)  Specialty programs or activities such as music, physical education, foreign language, talented and gifted and English as a second language;

(6)  Revenue;

(7)  Expenditure for maintenance and upkeep of district facilities.

g. Whether the proposed public charter school can deliver a free and appropriate public education that is required by Federal law for students who are eligible to receive special education and related services, pursuant to ORS 338.165;

h. With respect to a public charter school to be established from an existing public school or a portion of the school, whether there are alternative arrangements for students and for teachers and other school employees who choose not to attend or who choose not to be employed by the public charter school.

5. The Board shall approve or deny a proposal within 30 days after the public hearing. Written notice of the Board’s action shall be sent to the applicant. If the proposal is not approved, the reasons for the denial and suggestions for remediation shall be clearly stated in the notice sent by the Board to the applicant. If the proposal is not approved, the applicant may revise and resubmit the proposal to the Board within 30 days of receipt of the Board’s notice. The Board shall approve or disapprove the resubmitted proposal within 20 days after receiving it. If the proposal is not approved a second time, the applicant may appeal the decision to the State Board of Education, pursuant to Oregon Administrative Rules, m 581-020-0330, as now written, and any amendments made after these Rules are adopted.

6. Upon arrival of a proposal either by the District School Board or the State Board of Education, the approving organization shall become the sponsor for the public charter school and, together with the applicant, shall develop a written charter consistent with ORS 338.065, any applicable Administrative Rules and Guidelines of the district set out in its Policies, Rules and Procedures.

 

VI.  Terms of the Charter School Agreement

1.  Upon Board approval of the proposal, the Board will become the sponsor of the public charter school. The district and the applicant must develop a written charter agreement, subject to Board approval, which shall act as the legal authorization for the establishment of the public charter school.

2.  The charter agreement shall be legally binding and must be in effect for a period of not more than five years but may be renewed by the district.

3.  The district and the public charter school may amend a charter agreement through joint agreement.

4.  It is the intent of the Board that the charter agreement be detailed and specific to protect the mutual interests of the public charter school and the district. The agreement shall incorporate the elements of the approved proposal and will address additional matters, statutes and rules not fully covered by law or the proposal that shall apply to the public charter school including, but not limited to, the following:

a.  Sexual harassment (ORS 342.700, 342.704);

b.  Pregnant and parenting students (ORS 336.640);

c.  Special English classes for certain children (ORS 336.079);

d.  Student conduct (ORS 339.250);

e.  Alcohol and drug abuse program (ORS 336.222);

f.  Student records (ORS 326.565);

g.  Oregon Report Card (ORS 329.115);

h.  Recovery of costs associated with property damage (ORS 339.270) and withholding records until property damage or fees are paid (ORS 339.260);]

i.  Use of school facilities (ORS 332.172);

j.  Employment status of public charter school employees:

(1)  Public charter school law requires the following:

(a)  Employee assignment to a public charter school shall be voluntary;

(b)  A public charter school or the sponsor of the public charter school may be considered the employer of any employees of the public charter school;

(c)  If the Board is not the sponsor of the public charter school, it shall not be the employer and shall not collectively bargain with the employees;

(d)  A public charter school employee may be a member of a labor organization or organize with other employees to bargain collectively. The bargaining unit may be separate from other bargaining units of the district;

(e)  The public charter school governing body shall control the selection of employees at the public charter school;

(f)  The Board shall grant a leave of absence to any employee who chooses to work in the public charter school. The length and terms of the leave of absence shall be set by collective bargaining agreement or by Board policy; however, the length of leave of absence may not be less than two years unless:

(i)  The charter of the public school is terminated or the public charter school is dissolved or closed during the leave of absence; or

(ii)  The employee and the Board have mutually agreed to a different length of time.

(g)  An employee of a public charter school operating within the district who is granted a leave of absence and returns to employment with the district shall retain seniority and benefits as an employee, pursuant to the terms of the leave of absence.

(2)  The terms and conditions of employment addressed in the agreement may include, but not be limited to:

(a)  A proposed plan for the placement of teachers and other school employees upon termination or nonrenewal of the charter;

(b) Arrangements for employees who choose not to be employed or participate in the public charter school, if a district school has been converted to a public charter school;

(c)  Salary for professional staff or wages for classified staff;

(d)  Health benefits;

(e)  Leaves, including timing, commencement and duration of leave; voluntary and involuntary termination and return to work; whether the leave is paid or unpaid; and a description of benefits upon termination of leave (i.e., same, similar or available position and salary schedule placement);

(f)  Work year;

(g)  Working hours;

(h)  Discipline and dismissal procedures;

(i)  Arrangements to secure substitutes;

(j)  Arrangements to ensure that 50 percent of the total full-time equivalent teaching and administrative staff are licensed;

(k)  Hiring practices;

(l)  Evaluation procedures.

k.  Student enrollment, application procedures and whether the public charter school will admit nonresident students and on what basis:

(1)  Public charter school law requires the following:

(a)  Student enrollment shall be voluntary. If the number of applicants exceeds the capacity, students shall be selected through a lottery process.  All resident applicants will have their names written on a uniform-sized card to be placed in a covered container. Names will be drawn individually until all available slots are filled. If slots remain after resident applicants are placed, the remaining slots may be filled by nonresident applicants using an identical process. The drawing shall be made in the presence of at least two employees of the public charter school and two employees of the district.  If the public charter school has been in operation one or more years, priority enrollment will be given to those students who:

(i)  Were enrolled in the public charter school the prior year;

(ii)  Have siblings who are presently enrolled in the public charter school and who were enrolled the prior year.

(b)  If a public charter school offers any online courses as part of the curriculum of the school, then 50 percent or more of the students who attend the public charter school must reside in the school district in which the public charter school is located.

(c)  A public charter school may not limit student admission based on ethnicity, national origin, race, religion, disability, sex, income level, proficiency in the English language or athletic ability but may limit admission within a given age group or grade level.

l.  Transportation of students:

(1)  Public charter school law requires the following:

(a)  The public charter school shall be responsible for providing transportation for its students and may negotiate with the district for the provision of transportation services;

(b)  The district shall provide transportation for public charter school students pursuant to ORS 327.043. Resident public charter school students will be transported under the same conditions as students attending private or parochial schools located along or near established district bus routes. The district shall not be required to add or extend existing bus routes;

(c)  Public charter school students who reside outside the District may use existing bus routes and transportation services of the District in which the public charter school is located;

(d)  Any transportation costs incurred by the District shall be considered approved transportation costs.

m.  The plan for performance bonding or insuring the public charter school sufficient to protect the district. Documentation shall be submitted prior to agreement approval.

(1)  Insurance:1

(a)  Commercial General Liability Insurance in an amount of not less than $1,000,000 combined single limit per occurrence/$3,000,000 annual aggregate covering the public charter school, the governing board, employees and volunteers against liability for damages because of personal injury, bodily injury, death or damage to property including the loss of use thereof. Coverage to include, but not limited to, contractual liability, advertisers’ liability, employee benefits liability, professional liability and teachers’ liability;

(b)  Liability Insurance for Directors and Officers in an amount not less than $1,000,000 each loss/$3,000,000 annual aggregate covering the public charter school, the governing board, employees and volunteers against liability arising out of wrongful acts and employment practices. Continuous "claims made" coverage will be acceptable, provided the retroactive date is on the effective date of the charter;

(c)  Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit covering the public charter school, the governing board, employees and volunteers against liability for damages because of bodily injury, death or damage to property, including the loss of use thereof arising out of the ownership, operation, maintenance or use of any automobile. The policy will include underinsured and uninsured motorist vehicle coverage at the limits equal to bodily injury limits;

(d)  Workers’ Compensation Insurance shall also be maintained pursuant to Oregon laws (ORS Chapter 656). Employers’ liability insurance with limits of $100,000 each accident, $100,000 disease each employee and $500,000 each policy limit.

(e)  Honesty Bond to cover all employees and volunteers. Limits to be determined by the governing board, but no less than $25,000. Coverage shall include faithful performance and loss of moneys and securities;

(f)  Property Insurance shall be required on all owned or leased buildings or equipment. The insurance shall be written to cover the full replacement cost of the building and/or equipment on an "all risk of direct physical loss basis," including earthquake and flood perils.

(2)  Additional requirements:

(a)  The district shall be an additional insured on commercial general and automobile liability insurance. The policies shall provide for a 90-day written notice of cancellation or material change. A certificate evidencing all of the above insurance shall be furnished to the district;

(b)  The public charter school shall also hold harmless and defend the district from any and all liability, injury, damages, fees or claims arising out of the operations of the public charter school operations or activities;

(c)  The district shall be loss payee on the property insurance if the public charter school leases any real or personal district property;

(d)  The coverage provided and the insurance carriers must be acceptable to the district.

VII. Public Charter School Operation

1. The public charter school shall operate at all times in accordance with the public charter school law, the terms of the approved proposal and the charter agreement.

2. **Statutes and rules that apply to the district shall not apply to the public charter school except the following, as required by law, shall apply:

a.  Federal law including applicable provisions of the No Child Left Behind Act of 2001;

b. ORS 192.410-192.505 (public records law);

c. ORS 192.610-192.690 (public meetings law);

d. ORS 297.405-297.555 and 297.990 (municipal audit law);

e. ORS 181.539, 326.603, 326.607, and 342.232 (criminal records check);

f. ORS 337.150 (textbooks);

g. ORS 339.141, 339.147 and 339.155 (tuition and fees);

h. ORS 659.850 and 659.855 (discrimination);

i.  ORS 30.260-30.300 (tort claims);

j.  Health and safety statutes and administrative rules;

k.  Any statute or administrative rule that is listed in the charter;

l.  The statewide assessment system developed by the Oregon Department of Education under ORS 329.485(1);

m. ORS 329.045(1) (academic content standards and instruction);

n.  Any statute or administrative rule that establishes requirements for instructions time provided by a school during each school day or during a school year; and

o.  ORS Chapter 338.

p. ORS 334.250(12) (Prohibiting infliction of corporal punishment)

**Further, the district may specify in the charter that statutes and administrative rules that apply to school district boards, school districts and other public schools shall apply to the public charter school.

3. The public charter school may employ as a teacher or administrator a person who is not licensed by the TSPC; however, at least one-half of the total full-time equivalent teaching and administrative staff at the public charter school shall be licensed by the commission, pursuant to ORS 342.135, 342.136, 342.138 or 342.140.

4. The public charter school shall participate in the Public Employees Retirement System.

5. The public charter school shall not violate the Establishment Clause of the First Amendment to the United States Constitution or Section 5, Article I of the Oregon Constitution, or be religion based.

6. The public charter school shall maintain an active enrollment of at least 25 students.

7. The public charter school may sue or be sued as a separate legal entity.

8. The public charter school may enter into contracts and may lease facilities and services from the district, education service district, state institution of higher education, other governmental unit or any person or legal entity.

9. The public charter school may not levy taxes or issue bonds under which the public incurs liability.

10. The public charter school may receive and accept gifts, grants and donations from any source for expenditure to carry out the lawful functions of the school.

11. The district shall offer a high school diploma, modified diploma, alternative certificate to any public charter school student located in the district who meets the district’s and state’s standards for a high school diploma, modified diploma, alternative certificate.

12. A high school diploma, modified diploma, alternative certificate issued by a public charter school shall grant to the holder the same rights and privileges as a high school diploma, modified diploma, alternative certificate issued by a nonchartered public school.

13. Upon application by the public charter school, the State Board of Education may grant a waiver of certain public charter school law provisions if the waiver promotes the development of programs by providers, enhances the equitable access by underserved families to the public education of their choice, extends the equitable access to public support by all students or permits high quality programs of unusual cost. This waiver request must specify the reasons the public charter school is seeking the waiver and further requires the public charter school to notify the sponsor if a waiver is being considered.

14. The public charter school shall maintain an active enrollment of at least 25 students.

15. The public charter school may sue or be sued as a separate legal entity.

16. The public charter school may enter into contracts and may lease facilities and services from the district, education service district, state institution of higher education, other governmental unit or any person or legal entity.

17. The public charter school may not levy taxes or issue bonds under which the public incurs liability.

18. The public charter school may receive and accept gifts, grants and donations from any source for expenditure to carry out the lawful functions of the school.

19. The district shall offer a high school diploma, modified diploma, alternative certificate to any public charter school student located in the district who meets the district’s and state’s standards for a high school diploma, modified diploma, alternative certificate.

20. A high school diploma, modified diploma, alternative certificate issued by a public charter school shall grant to the holder the same rights and privileges as a high school diploma, modified diploma, alternative certificate issued by a nonchartered public school.

21. Upon application by the public charter school, the State Board of Education may grant a waiver of certain public charter school law provisions if the waiver promotes the development of programs by providers, enhances the equitable access by underserved families to the public education of their choice, extends the equitable access to public support by all students or permits high quality programs of unusual cost. This waiver request must specify the reasons the public charter school is seeking the waiver and further requires the public charter school to notify the sponsor if a waiver is being considered.

VIII. Virtual Public Charter School Operation

1. In addition to the other requirements for a public charter school, a Virtual Public Charter School must have:

a. A plan for academic achievement that addresses how the school will improve student learning and meet academic content standards required by ORS 329.045;

b. 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;

c. 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;

d. A budget, business plan and governance plan for the operation of the school;

e. 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;

f. An agreement to employ only licensed teachers who are highly qualified as described in the Federal No Child Left Behind Act of 2001;

g. A plan for maintaining student records and school records, including financial records, at a designated central office of operations;

h. A plan to provide equitable access to the education program of the school by ensuring that each student enrolled in the school:

(1) Has access to and use of a computer and printer equipment as needed;

(2) Is offered an Internet service cost reimbursement arrangement under which the school reimburses the parent or guardian of the student, at a rate set by the school, for the costs of obtaining Internet service at the minimum connection speed required to effectively access the education program provided by the school; or

(3) Has access to and use of computer and printer equipment and is offered Internet service cost reimbursement.

i. A plan to provide access to a computer and printer equipment and the Internet service cost reimbursement as described in (8) above by students enrolled in the school who are from families that qualify as low-income under Title I of the federal Elementary and Secondary Education Act of 1965 (20 USC 6301 et seq);

j. A plan to conduct school-sponsored optional educational events at least six times each school year at locations selected to provide convenient access to all students in the school who want to participate;

k. A plan to conduct biweekly meetings between teachers and students enrolled in the school, either in person or through the use of conference calls or other technology;

l.  A plan to provide opportunities for face-to-face meetings between teachers and students enrolled in the school at least six times each school year.

m. The sponsor of a Virtual Public Charter School or a member of the public may request access to any of the documents described in "1." above.

n. If a Virtual Public Charter School or the sponsor of a Virtual Public Charter School contracts with a for-profit entity to provide educational services through the Virtual Public Charter School, the for-profit entity may not be the employer of any employees of the Virtual Public Charter School.

IX.  Space

1. The district has no obligation to provide space or facilities to a public charter school.

2. The district shall determine if there are any unused or underutilized buildings among the district’s facilities. The district shall inform the Education Service District and any interested parties if any such facilities exist.

3. District school buildings may be made available for public charter school use, with the approval of and at the sole discretion of the District School Board. Rental, based on market value, shall be charged if a district facility is made available to a public charter school.

4. Rental costs will not be related to normal building use costs charged for community groups to use district facilities for various activities.

X.  Status of Employees:

1. A public charter school shall be the employer of the employees of the public charter school. The Board shall not collectively bargain with public charter school employees.

2. In the case of an existing district public school or portion of a public school converting to a public charter school, existing staff members who do not wish to continue at the public charter school will be provided an opportunity to transfer to other district schools in accordance with negotiated agreements and transfer policies of the district. Existing district staff members who wish to work in a district-sponsored public charter school shall be granted a minimum or a two-year, unpaid leave of absence in a manner agreed upon in the negotiated agreement, or for a period of less that two years for reasons defined in ORS 338.125(3)(a)(b). The employee shall receive neither financial compensation nor paid benefits from the district while on leave. If the employee returns to the district under the terms of the employee’s leave of absence, the employee shall retain the seniority and benefit status held at the beginning of the leave.

XI.  Reporting Requirements:

Public charter schools sponsored by the Jefferson County School District 509-J shall comply with the following reporting requirements:

1. Prepare and submit an annual School Improvement Plan to the Board. The plan shall include an analysis of student performance data and growth in achievement, accomplishment of the previous year’s established goals for the school and revised improvement goals for the school, the action plan to achieve those goals and the evaluation plan to measure accomplishment of the goals. The plan shall document the extent to which the parents and the community of the public charter school have given input to the development of the School Improvement Plan;

2. Report in writing on a quarterly basis to the Board and to the parents and the community of the public charter school on progress made on the School Improvement Plan and on compliance with the provisions of the charter agreement with the School Board;

3. Report the results of student performance on district-required tests and State of Oregon assessments for determining progress toward, and attainment of State and district student performance standards. Reporting shall be made to the Board and to the parents of the students in the public charter school;

4. Submit year-to-date quarterly financial statements that report revenues, expenditures, encumbrances and account balances, compared to budget, on a fund accounting basis;

5. Annually submit census data on all students enrolled at the public charter school that are resident to the district and eligible to receive special education and related services prior to December 1;

6. Submit its annual audit, required by ORS 338.095(2) in accordance with the Oregon Municipal Audit Law. After the audit, the public charter school shall forward to the district and ODE:

a.  A copy of the annual audit;

b.  Any statements from the public charter school that show the results of operations and transactions affecting the financial status of the charter school during the preceding annual audit period for the school; and

c.  An electronic copy of any balance sheet containing a summary of the assets and liabilities of the public charter school and related operating budget documents as of the closing date of the preceding annual audit period for the school.

XII.  Annual Evaluation:

The district shall conduct an on-site annual evaluation for compliance to the terms and provisions of the charter of each sponsored public charter school. Public charter school evaluations may be conducted by district staff or contracted agents of the district.

XIII.  Student Admission:

1. Student enrollment in a public charter school shall be voluntary. All resident students in the grades offered at a public charter school are eligible for enrollment. If the number of applications from resident students exceeds the capability of a program, class, grade level or building, the public charter school shall select students through an equitable lottery selection process.

2. After a public charter school has been in operation for one or more years, it may give priority for students who were enrolled in the charter school in the prior year and/or have siblings who are presently enrolled in the charter school and who were enrolled in the prior year.

3. A public charter school shall not discriminate nor limit student admission based on ethnicity, national origin, disability, gender, income level, proficiency in the English language or athletic ability, but may limit admission to students within a given age group or grade level. If space is available in a public charter school after all resident students have had the opportunity to enroll, the public charter school may accept non-resident students.

XIV.  Pupil Transportation:

The public charter school shall be responsible for providing transportation to students who reside within the district boundary and who attend the public charter school. A public charter school student may be transported by the district on a space available basis on an existing transportation bus route, in accordance with Oregon law and district policy.

XV.  Funding Public Charter Schools:

Students of a public charter school that is located in the district are considered to be residents of the district for purposes of distribution of the State School Fund.

The district shall pay public charter schools it sponsors for the education of its pupils on a per weighted average daily membership (ADMw) basis that is not less than eighty percent (80%) of the amount of the district’s General Purpose Grant per ADMw for each full-time equivalent student enrolled in kindergarten through grade eight (K-8), and not less than ninety-five percent (95%) of the amount of the district’s General Purpose Grant per ADMw for each full-time equivalent student enrolled in grades nine through twelve (9-12).

The district shall pay public charter schools sponsored by the State Board of Education that operate within the boundaries of the District in a manner consistent with ORS 338.155(3).

Payments shall made within ten (10) days after receiving payments from the state school fund pursuant to ORS 327.095, based upon estimated average daily membership reported to the district by the public charter school. Immediately after the last day of the school year, the district shall calculate the total payments that actual ADM would have generated for the public charter school, reconcile that amount to payments made on estimated ADM, and either pay any amounts due or collect any overpayments prior to July 15 of each year.

In addition to the payments to the public charter school stated above, the district shall also make payments on behalf of non-resident students as follows:

1. For district-sponsored public charter schools – of that portion of the State School Fund that is not paid to the public charter school, fifty percent (50%) will be paid to the district in which the parent, legal guardian or person in parental relationship to the student resides; or

2. For State Board of Education-sponsored public charter schools – of that portion of the State School Fund that is not paid to the public charter school, fifty percent (50%) will be paid to the Department of Education.

XVI.  Fund Raising Activities:

A public charter school may conduct fund-raising activities. However, a public charter school shall not require a student to participate in fund-raising activities as a condition of admission to the public charter school.

XVII.  Special Education Services and Payments for Services:

For the purposes of special education services, the resident school district of a student in a public school is the school district in which the student’s parent, legal guardian or person in parental relationship to the student resides.

Pursuant to ORS 338.165, for each student who attends public charter schools and is eligible for special education and related services, the resident school district of the student is responsible for providing oversight for any required special education and related services to the student. The public charter school shall provide the special education and related services for each student who is eligible for special education and related services. The district shall pay the public charter school forty percent (40%) of the district’s General Purpose Grant per ADMw for delivery of special education and related services to resident students in kindergarten through grade eight (K-8), and forty-seven and one-half percent (47.5%) of the district’s General Purpose Grant per ADMw for delivery of special education and related services to resident students in grades nine through twelve (9-12).

In the case where the public charter school student who is eligible to receive special education and related services is a resident of the district, but the district is not the sponsor of the public charter school, the district will pay the sponsor five percent (5%) of the district’s General Purpose Grant per ADMw for delivery of special education and related services, as required by ORS 338.165(4).

On a case-by-case basis, the district and public charter school may negotiate a contract whereby the district would provide the delivery of special education or related services to eligible students enrolled in a district-sponsored public charter school for an appropriate fee.

XVIII.  Public Charter School Grant Applications:

Planning Grants

1. The superintendent may approve planning grant applications to be filed with the Oregon Department of Education when:

a. The mission statement and objectives reflect a clear and well-articulated vision for an innovative school;

b. There is strong evidence that the objectives foster academic and non-academic expectations;

c. There is well documented evidence of interest and/or need for the proposed public charter school in the community;

d. The value of the public charter school to be planned outweighs any adverse impact on the quality of the public education of students residing in the district, including but not limited to, the extent to which the public charter school will not duplicate or diminish programs available through the district;

e. There is strong documentation that the grand funds will assist the public charter school in meeting the identified needs of students; and

f. All proposed grand funded activities are allowable under the grand guidelines.

2. The superintendent shall advise the Board of public charter school grant applications made to the Oregon Department of Education. The approval of a grant application does not obligate the district Board to approve an application for a public charter school.

Implementation and Dissemination Grants. The district Board may approve implementation and dissemination grants to be filed with the Oregon Department of Education for public charter schools the district sponsors.

XIX. Charter School Renewal

The first renewal of a charter shall be for the same time period as the initial charter. Subsequent renewals of a charter shall be for a minimum of five years but may not exceed 10 years.

The Board and the public charter school shall follow the following timeline unless a different timeline has been agreed upon by the Board and the public charter school:

1. The public charter school shall submit a written renewal request to the Board for consideration at least 180 days prior to, but no earlier than 210 days before the expiration of the charter.

2. Within 45 days after receiving a written renewal request from a public charter school, the Board shall hold a public hearing regarding the renewal request.

3. Within 10 days after the public hearing, the Board shall notify the public charter school of the Board’s intent regarding the charter renewal.

4. Within 20 days after the public hearing, the Board shall approve the charter renewal or state in writing the reasons for denying charter renewal.

5. If the Board approves the charter renewal, the Board and the public charter school shall negotiate a new charter within 90 days unless the Board and the public charter school agree to an extension of the time period.

6. If the Board does not renew the charter, the public charter school may address the reasons stated for denial of the renewal and any remedial measures suggested by the Board and submit a revised request for renewal to the Board.

7. If the Board does not renew the charter based on the revised request for renewal or the parties do not negotiate a charter contract within the timeline established in this policy, the public charter school may appeal the Board’s decision to the State Board of Education for a review of whether the Board used the process required by Oregon law in denying the charter renewal.

a. If the State Board of Education finds that the Board used the appropriate process in denying the request for renewal, it shall affirm the decision of the Board. A public charter may seek judicial review of this order.

b. If the State Board of Education finds that the Board did not use the appropriate process in denying the request for renewal, it shall order the Board to reconsider the request for renewal. If after reconsideration the Board does not renew the charter, the public charter school may seek judicial review of the Board’s decision.

8. The Board shall base the charter renewal decision on a good faith evaluation of whether the public charter school:

a. Is in compliance with all applicable state and federal laws;

b. Is in compliance with the charter of the public charter school;

c. Is meeting or working toward meeting the student performance goals and agreements specified in the charter or any other written agreements between the Board and the public charter school;

d. Is fiscally stable and used the sound financial management system described in the proposal submitted under ORS 338.045 and incorporated into the written charter agreement; and

e. Is in compliance with any renewal criteria specified in the charter of the public charter school.

9. The Board shall base the renewal evaluation described above primarily on a review of the public charter school's annual performance reports, annual audit of accounts and annual site visit and review and any other information mutually agreed upon by the public charter school and the Board.

10. For purposes of this section, the phrase "good faith evaluation" means an evaluation of all criteria required by this section resulting in a conclusion that a reasonable person would come to who is informed of the law and the facts before that person.

XX.  Termination of a Charter

1. The district, as sponsor, may terminate the charter with a public charter school on any of the following grounds:

a. Failure to meet the terms set forth in the charter or failure to meet the requirements for public charter schools delineated in ORS Chapter 338;

b. Failure to meet the requirements for student performance stated in the charter;

c. Failure to correct a violation of a Federal or State law;

d. Failure to maintain insurance as described in the charter; or,

e. Failure to maintain financial stability.

2. If the district terminates a charter for a reason stated above, the district shall notify the public charter school governing body at least 60 days prior to the proposed effective date of the termination. The notice shall state the grounds for termination. The public charter school shall be granted due process as set forth in ORS 338.105(2)(3).

a. The public charter school may request a hearing by the district. The request must be made in writing and delivered to the business address of the sponsor;

b. Within 30 days of receiving the request for a hearing, the sponsor must provide the public charter school with the opportunity for a hearing on the proposed termination;

c. The public charter school may appeal the decision to terminate to the State Board of Education;

d. if the public charter school appeals the decision to terminate to the State Board of Education, the public charter school will remain open until the State Board issues its final order;

e. If the State Board’s final order upholds the decision to terminate and at least 60 days have passed since the notice of intent to terminate was received by the public charter school, the district’s sponsorship of the public charter school will terminate;

f. The final order of the State Board may be appealed under the provision of ORS 183.484;

g. Throughout the ORS 183.484 judicial appeals process the public charter school shall remain closed;

3. The district, as sponsor, may terminate a charter immediately and close a public charter school if the public charter school is endangering the health or safety of its students. The public charter school shall be granted due process as set forth in ORS 338.105(4).

a. If the district reasonably believes that a public charter school is endangering the health or safety of the students enrolled in the public charter school, the district may act to immediately terminate the approved charter and close the public charter school without providing the notice required in section B. 1;

b. A public charter school closed due to health or safety concerns may request a hearing by the sponsor. Such a request must be made in writing and delivered to the business address of the district;

c. Within 10 days of receiving the request for a hearing, the district must provide the public charter school with the opportunity for a hearing on the termination;

d. If the district acts to terminate the charter following the hearing, the public charter school may appeal the decision to the State Board of Education;

e. The State Board will hold a hearing on the appeal within 10 days of receiving the request;

f. The public charter school will remain closed during the appeal process unless the State Board orders the district not to terminate and to re-open the public charter school; and

g. The final order of the State Board may be appealed under the provisions of ORS 183.484.

4. A public charter school may terminate the charter with the district by giving at lease 180-day notice to the Board, and may only terminate a charter, dissolve or close a public charter school at the end of a semester, unless the helath and safety of the students are in jeopardy.  Such notice must be made in writing and be delivered to the business address of the sponsor.

5. If a charter school is terminated or a public charter school is dissolved, the assets of the public charter school that were obtained with grant funds will be dispersed according to the terms of the grant.  If the grant is absent any reference to ownership or distribution of assets of a terminated, closed or dissolved public charter school, all assets shall be given to the State Board of Education for disposal.

6. The governing body of public charter school terminated under paragraph A has the appeal rights to the Board of Education which are described in ORS 338.105(3).

XII.  District Immunity

The district, members of the Board and employees of the distrit are immune from civil liability with respect to the public charter school's activities.

 

End of Policy

_____________________

Legal References:

ORS 327.077

ORS 327.109

ORS 332.107

ORS Chapter 338

ORS 339.141

ORS 339.147

OAR 581-020-0301 to -0395

SB 767 (2009)

No Child Left Behind Act of 2001, P.L. 107-110, Title I, Sections 1111-1120B

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