1011 |
|
Issued Date: 08/26/10 Revised: 07/27/11 |
|
CHARTER SCHOOLS
The Shelby County Board of Education adopts this Policy in accordance with T.C.A. § 49-13-101 et seq. and Tennessee State Board of Education Rules pertaining to Charter Schools. As the Chartering Authority for the Shelby County School District, the Shelby County Board of Education is responsible for approving, renewing or deciding not to revoke public charter agreements.
Applications
On or before October 1 of the year preceding the year in which the proposed public charter school plans to begin operation, the sponsor seeking to establish a public charter school shall prepare and file with the Superintendent of the Shelby County Board of Education an Application providing the following information:
A statement defining the mission and goals of the proposed public charter school;
The proposed instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods that will be used to provide students with the knowledge, proficiency and skills needed to reach the goals of the school;
A plan for evaluating student academic achievement at the proposed public charter school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below acceptable standards;
An operating budget based on anticipated enrollment;
The method for conducting annual audits of the financial, administrative and program operations of the school;
A timetable for commencing operations as a public charter school that shall provide for a minimum number of academic instruction days, which shall not be fewer than those required by statute;
The proposed rules and policies for governance and operation of the school;
The names and addresses of the members of the governing body;
A description of the anticipated student enrollment and the nondiscriminatory admission policies;
The code of behavior and discipline of the proposed public charter school;
The plan for compliance with the applicable health and safety laws and regulations of the federal government and the laws of the state;
The qualifications required of employees of the proposed public charter school;
The identification of the individuals and entities sponsoring the proposed public charter school, including their names and addresses;
The procedures governing the deposit and investment of idle funds, purchasing procedures and comprehensive travel regulations;
The plan for the management and administration of the school;
A copy of the proposed bylaws of the governing body of the charter school;
A statement of assurance of liability by the governing body of the charter school;
Types and amounts of insurance coverage to be held either by the charter school or approved by the local board of education, including provisions for assuring that the insurance provider will notify the Department of Education within ten (10) days of the cancellation of any insurance it carries on the charter school;
The plan for transportation for the pupils attending the charter school; and
Information regarding financing commitments from equity investors or debt sources for cash or similar liquid assets sufficient to demonstrate that the charter school will have liquid assets sufficiently available to operate the school on an ongoing and sound financial basis. In lieu of cash or similar liquid assets, an applicant may provide a financial bond issued by a company authorized to issue surety bonds in this state.
Neither the Shelby County Board of Education nor the Commissioner of Education can waive regulatory or statutory requirements related to:
Federal and state civil rights;
Federal, state, and local health and safety;
Federal and state public records;
Immunizations;
Possession of weapons on school grounds;
Background checks and fingerprinting;
Federal and state special education services;
Student due process;
Parental rights;
Federal and state student assessment and accountability;
Open meetings; and
At least the same equivalent time of instruction required in regular public schools.
T.C.A. § 49-13-105
A charter sponsor “cannot be a for-profit entity, a private elementary or secondary school, a post-secondary institution not accredited by the Southern Association of Colleges and Schools, a religious or church school or promote the agenda of any religious denomination or religiously affiliated entity.”
T.C.A. § 49-13-104
Additionally, “no cyber-based public charter school may be authorized.”
T.C.A. § 49-13-106
Administrative Review of Public Charter Applications
The Superintendent shall appoint a Public Charter Schools Team for assisting in reviewing public charter school applications and providing technical assistance to newly created public charter schools. The Public Charter Schools Team shall consist of individuals from the following departments: Finance, Operations, Human Resources, Curriculum and Instruction, and Communications.
The Team shall:
| 2. | The Superintendent shall
appoint an Applications Subcommittee from the Public Charter Schools
Team to read and rate each application. The Subcommittee shall have
the authority to seek assistance from all appropriate Shelby County
Schools personnel when reviewing the applications, including individuals
who are not members of the Public Charter Schools Team. |
| 3. | The Applications Subcommittee shall present a written recommendation to accept or reject a public charter application to the Public Charter Schools Team. The Public Charter Schools Team shall make final recommendations to the Superintendent to accept or reject applications. |
| 4. | The Superintendent shall make written recommendations to the Shelby County Board of Education to accept, conditionally accept or reject a public charter school application. |
Board Review of Public Charter School Applications
Prior to approving or denying a charter school's application the Board of Education may consider whether the establishment of the charter school will have a substantial negative fiscal impact on the Board of Education such that authorization of the charter school would be contrary to the best interests of the pupils, school district or community. If the Board of Education denies an initial application in whole or in part for this reason, the Board shall provide the following supporting documentation to the sponsor:
Current student enrollment figures for the Shelby County Board of Education and an estimate of the number of students currently enrolled who will transfer to the charter school seeking authorization;
An estimate, based on prior years' data, of the number of students who will no longer be enrolled as students of the Shelby County Board of Education during the school year in which the charter school seeks to begin operation for reasons other than a transfer to the charter school;
A projection of the Shelby County Board of Education's student enrollment for the school year in which the charter school seeks to begin operation, excluding the estimated number of students who will transfer to the charter school seeing authorization. Such projection will include estimates, using prior years' data, of increased revenue to the Shelby County Board of Education from first-time enrollees or transferees into the district; and
Specific facts or financial information and a written statement demonstrating how placement or transfer of students to a charter school within the Shelby County Board of Education's jurisdiction will impose a budgetary or financial burden on the Shelby County Board of Education beyond that associated with normal enrollment fluctuations, including an objective analysis of the Shelby County Board of Education's ability to adjust expenses on a systemwide basis due to the estimated numbers and anticipated placement of students who will transfer to the charter school seeking authorization.
If the Board of Education denies an amended charter school application because of a substantial negative fiscal impact, the Board of Education shall provide the supporting documentation identified in the subdivisions above to the state treasurer within five (5) days of the Board of Education's denial of the amended application. The sponsor may submit a response and supporting documentation to the treasurer within five (5) days of the Board of Education's denial of the amended application. The treasurer shall review the supporting documentation and written statement submitted by the Board of Education and the response and supporting documentation of the sponsor to determine the reasonableness of the denial based on substantial negative fiscal impact. The treasurer may consult with the department of education in the review and may request additional information from the Board of Education, the sponsor and the department to assist in the review. As soon as practicable after receipt of all requested documentation and expert reports or both, but in no case greater than thirty (30) days, the treasurer shall make a determination as to the reasonableness of the denial based on substantial negative fiscal impact. If the treasurer determines it is necessary or appropriate,the treasurer is authorized to engage experts to assist the treasurer in this process.
If the treasurer determines that the information provided by the Board of Education reasonably demonstrates that establishment of the charter school shall have a substantial negative fiscal impact on the Shelby County Board of Education such that authorization of the charter school would be contrary to the best interests of the pupils, school district or community, the sponsor may not appeal the denial to the state board of education.
If the treasurer determines that the information provided by the Board of Education does not reasonably demonstrate that establishment of the charter school shall have a substantial negative fiscal impact on the Shelby County Board of Education such that authorization of the charter school would be contrary to the best interests of the pupils, school district or community, the sponsor may appeal the denial by the Board of Education to the state board of education, pursuant to subdivisions above. However, the sponsor shall request this appeal within five (5) days of the final decision by the treasurer.
Students who are assigned to, or were previously enrolled in, a school failing to make adequate yearly progress, as defined by the state's accountability system;
Students who, in the previous school year, failed to test proficient in the subjects of reading/language arts or mathematics in grades three (3) through eight (8) on the Tennessee Comprehensive Assessment Program examinations;
Students who, in the previous school year, failed to test proficient in the subjects of reading/language arts or mathematics on the end of course assessments in grades nine (9) through twelve (12); or
Students who are eligible for free or reduced price lunch.
The Shelby County Board of Education (SCBE) shall have the authority to approve applications to establish public charter schools and renew public charter school agreements. The SCBE shall rule by resolution, at a regular or special called meeting, on the approval or denial of a charter application within sixty (60) days of receipt of the completed application. Should the SCBE fail to either approve or deny a charter application within the sixty (60) day time limit the application shall be deemed approved.
The grounds upon which the Board of Education bases a decision to deny a public charter school application must be stated in writing, specifying objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor shall have fifteen (15) days within which to submit an amended application to correct the deficiencies. The Board shall have fifteen (15) days either to deny or to approve the amended application.
A denial by the Board of Education of an application to establish a public charter school may be appealed by the sponsor, within ten (10) days of the final decision to deny, to the state board of education. The appeal and review process shall be in accordance with this subdivision (3). Within sixty (60) days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing attended by the Board of Education or its designated representative and held in the school district in which the proposed charter school has applied for a charter, shall review the decision of the Board of Education and make its findings.
The Shelby County Board of Education shall forward a copy of each application for a charter school to the Commissioner of Education and shall notify the Commissioner immediately upon official action approving or denying approval of an application for a charter school.
In the event that a sponsor submits an amended application, the Shelby County Board of Education shall notify the Commissioner of Education immediately upon official action approving or denying approval of an amended application for a charter school.Renewals
No later than October 1 of the year prior to the year in which the charter expires, the governing body of a public charter school shall submit a renewal application to the Board of Education. The Board of Education shall rule by resolution, at a regular or special called meeting, on whether to approve or deny the renewal application. The decision of the Board of Education shall be based on the report and evaluation provided for in T.C.A. § 49-13-120. If the original charter application was appealable to the state board of education, a decision by the Board of Education to deny renewal may be appealed by the governing body, within ten (10) days. If the decision to deny, to the state board of education. If the state board of education directs the Board of Education to approve the renewal of the charter agreement, the public charter school shall continue to operate for the prescribed period of ten (10) academic years. A decision by the state board of education to deny the renewal of a charter agreement shall be final. No appeal may be taken.
A public charter school renewal application shall contain a report of the school's operations, including students' standardized test scores, financial statements and performance audits of the nine (9) years preceding the date of the renewal application.
An interim review of a charter school shall be conducted by the Board of Education under guidelines developed by the department of education in the fifth year of a charter school's initial period of operation and also in the fifth year following any renewal of a charter agreement.
Revocation or Denial of Renewal
A public charter school agreement may be revoked or denied renewal by the Board of Education if the Board of Education determines that the school did any of the following:
Committed a material violation of any of the conditions, standards or procedures set forth in the charter.
Failed to meet or make adequate yearly progress toward achievement of the state's accountability system for two (2) consecutive years.
Failed to meet generally accepted standards of fiscal management.
If the Board of Education revokes or does not renew a charter agreement the Board shall state its reasons for the revocation or nonrenewal.
A decision not to renew or to revoke a charter agreement may be appealed to the state board of education within ten (10) days of the decision, except for revocations or failures to renew based on the charter school's failure to meet or make adequate yearly progress for achievement of the state's accountability system for two (2) consecutive years.
Except in the case of fraud, misappropriation of funds, flagrant disregard of the charter agreement or the provisions of T.C.A. § 49-13-101, et seq. or similar misconduct, or failure to make adequate yearly progress for two (2) consecutive years, a decision to revoke a charter shall become effective at the close of the academic year.
In the event that the Board of Education approves any charter school application, the charter agreement shall be drafted in accordance with T.C.A. § 49-13-101 et seq. and the Public Charter School and its sponsor shall comply with all of the requirements of T.C.A. § 49-13-101 et seq. and the Tennessee State Board of Education.
Notification of Properties to the State Board of Education
By this Policy, the Board directs the Superintendent to catalog each year all vacant properties owned or operated by the Board and all vacant space within any educational facility owned or operated by the Board. The Board directs the Superintendent to annually submit a comprehensive listing of all such properties and space to the Tennessee Department of Education pursuant to T.C.A. § 49-13-135.
T.C.A. § 49-39-101 et seq.