dese state board august 2011 agenda: charter school rule

8/6/2019 DESE State Board August 2011 agenda: Charter School Rule

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MISSOURI STATE BOARD OF EDUCATION AGENDA ITEM: August 2011

DISCUSSION OF PROPOSED CHARTER SCHOOL RULE

STATUTORY AUTHORITY:

Section 160.400, 14 RSMo

Consent

Item

Action

Item

Report

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DEPARTMENT GOAL NO. 1:

All Missouri students will graduate college and career ready.

SUMMARY:

The 1998 Session of the Missouri Legislature authorized establishment of charter schools in the KansasCity 33 and St. Louis City School Districts.

Recent attempts to provide more accountability for charter schools has not been successful in theMissouri Legislature. This proposed rule would provide more guidance from the Department as well as

accountability measures for the sponsors in their sponsorship capacity.

PRESENTER(S):

Mark VanZandt, General Counsel and Governmental Affairs, will lead the discussion on this agenda

item. Curt Fuchs, Coordinator of Educational Support Services, will assist with the presentation.


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Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

Division 20- Division of Learning Services

Chapter 100 Office of Quality Schools

PROPOSED RULE

5 CSR 20-100.250 Charter Schools

PURPOSE: This rule establishes policies and procedures for the Missouri Department ofElementary and Secondary Education to notify sponsors of the standards for sponsorship, asauthorized bysection 160.400.14, RSMo. Supp. 2011.

(1) Standards for sponsorship.

(A) Federal assurances required:

1.Each authorized charter in the State operate under a legally binding charter orperformance contract between itself and the schools authorized public chartering

agency that describes the obligations and responsibilities of the school and the

public chartering agency; conduct annual, timely, and independent audits of theschools financial statements that are filed with the sponsor; and demonstrate

improved student academic achievement.

2. Sponsors use increases in student academic achievement for all groups of students

described in section 1111 (b)(2)(C)(v) of the ESEA as the most important factor

when determining to renew or revoke a schools charter.

(B) State assurances include:

1. Ensure charter school is held accountable to the charter school law as specified insection 160.400.13, RSMo Supp. 2011, in their contract and application.

2. Ensure any state and federal grants or program funds received are administeredaccording to established guidelines.

3. Ensure theboard ofdirectors is comprised of individuals as outlined in theapplication and follows all state laws applicable to charter school. If an

Educational Service Provider (ESP) is utilized, board members cannot be

comprised of members of the ESP.

4. Ensure board members receive training on their responsibilities.

5. Ensure charter school administrative team has training to efficiently operate thecharter and an understanding of Missouri school laws and procedures.


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6. Ensure all personnel and board members have criminal background checks as well

as family care safety registry checks as required by section 160.400.11 RSMoSupp. 2011.

7. Ensure state and federal certification requirements are met including HighlyQualified Teachers.

8. Ensure all reports/data (Missouri Student Information System (MOSIS) and Core

Data) required by the Department of Elementary and Secondary Education

(department) are submitted correctly and meet deadlines.

9. Ensure charter school complies with all rules and regulations related to Individual

with Disabilities Education Act (IDEA).

10. Ensure charter school complies with all provisions of the McKinney Vento Act. (

11. Ensure charter school complies with provisions of Title VI, Civil Rights Act of

1964.

12. Ensure participation in the Missouri Assessment Program (MAP).

13. Ensure charter staff has skill set for analysis of student performance data.

14. Ensure charter school applicant has a complaint policy and assist in addressing

complaints of all constituencies.

15. Ensure responsible procedures/policies are in place in the event of charter closure,

including, but not limited to:

A. Handling of student records;

B. Handling of corporate records;

C. Financial reporting;

D. Treatment of debtors and creditors; and

E. Disposition of assets.

16. Academic assurances.

A. Ensure oversight for academic performance and other components of theaccountability plan outlined in the charter and use this information to inform

intervention and renewal decisions. Sponsors shall revoke a charter or take


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other appropriate remedial action, which may include placing the charter school

on probationary status, if the charter school fails to meet two (2) of the three (3)following academic performance standards:

(I) Maintains a graduation rate of at least seventy percent in three of the lastfour years;

(II) Maintains an Annual Performance Report (APR) score that meets or

exceeds the points awarded to the district in which the charter school is

located; and/or

(III) Is not identified as persistently lowest achieving as defined by the

definition approved by the state board of education.

17. Financial assurances.

A. Ensure charter school operates in a financially prudent manner based on sound

fiscal management strategies and processes. Sponsors shall revoke a charter or

take other appropriate remedial action, which may include placing the charter

school on probationary status, if the charter school is identified as experiencingfinancial stress at the end of its most recently completed fiscal year by the

following criteria:

(I) Has a negative balance in its operating funds;

(II) Has a combined balance of less than three percent (3%) of the amount

expended for such funds during the previous fiscal year;

(III) For the most recently completed fiscal year expenditures, exceeded

receipts for any of its funds because of recurring costs:

(a) The department shall provide to the sponsor the information submitted

in the Annual Secretary of the Board Report (ASBR) to help identify

charter schools in financial stress; and

(b) The sponsor will notify the governing board of the charter school by

November first of a charter school identified as financially stressed.The charter sponsor shall develop a budget and education plan. The

budget and education plan shall be submitted to the department,

signed by the officers of the charter school as well as the sponsor,

within forty-five (45) calendar days of notification that the charterschool has been identified as experiencing financial stress. Upon

receipt and following review of any budget and education plan, the

department may make suggestions to improve the plan.

(2) Sponsor guidance for renewal and closure of charters.


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(A) Renewal.

1. An application for renewal must be submitted to the department by the sponsor on

or before the first day of August of the school year in which a charter is consideredfor renewal.

A. In addition to the application, documentation should be submitted to the state

board of education demonstrating the charter school is in compliance with

federal and state laws on accountability, as indicated in section 160.405.7,RSMo (1), and academic and financial assurances established in section 1 of

this rule.

B. Any additional items for the renewal process should be submitted no later than

October first following the August first submission.

C. Sponsors must provide notice of intent to non-renew the charter no later than

October thirty-first of the final year of the charter contract if the application for

renewal is

(I) Not compliant with the charter school law;

(II) Has committed a serious breach of one (1) or more provisions of itcharter;

(III) Not compliant with state assurances in section 1 of this rule (especially

academic and financial assurances); and/or

(IV) Additional reasons as determined by the sponsoring institution.

D. Sponsor may file a report no later than October thirty-first stating the reasonswhy the charter school should not be closed.

E. If no such report is filed, the charter school shall cease operation at the end ofthe current academic year.

F. If a report is timely filed by the sponsor, the department shall hold a publichearing no later than January first to determine if the charter should be renewed.

The state board of education shall review the findings from the hearing and

shall vote no later than February twenty-eight to allow the sponsor to continue

the operation of the charter school.

(B) Closure.

1. In the event of a revocation or non-renewal of a charter the sponsoring institution

shall:


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A. Ensure student records are secure and make arrangements to place them inreceipt of the district in which the charter school is located or the sponsor shall

retain the records.

B. Ensure that the charter completes the following:

(I) The remaining data submission for the school year most recently

completed;

(II) The ASBR for the most recently completed fiscal year;

(III) The audit required by the charter school according to section160.405.5(4), RSMo Supp. 2011;

(IV) Disposition of assets outlined in sponsor contract is followed; and

(V) All other reporting for federal programs, especially Final Expenditure

Reports (FER), as required by such programs.

(3) Sponsorship Privileges and Accountability.

(A) The department shall establish an application and approval process for all entitieseligible to sponsor charters as set forth in section 160.400.2, RSMo. The application

process for sponsorship shall require each interested eligible sponsor to submit an

application by October first to be eligible to have sponsorship authority for the next

school year. The sponsor applicant will be notified by December first of the status oftheir sponsor application. Sponsors, when approved, will be granted such authority for

a period of five (5) years from the date of the first approved application.

(B) Application shall include:

1. Evidence the applicant requesting authority to act as a charter school sponsor has

adequate budget and qualified personnel to provide oversight including but notlimited to the following:

A. Fiscal oversight;

B. Academic accountability; and

C. Reporting requirements;

2. Evidence the applicant has the capacity and plan to ensure the charter complies

with all requirements of programs from which the charter receives funding;


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3. Evidence the applicant requesting authority to act as a charter school sponsor will

utilize the model charter application document adopted by the department.

4. Evidence of the performance framework the applicant sponsor, if approved as a

charter sponsor, use to guide the establishment of a charter contract and forongoing oversight and a description of how it would evaluate charter school;

5. The applicant sponsors renewal, revocations, and nonrenewal processes are

consistent with section 160.405, RSMo Supp. 2011;

6. Existing sponsors shall:

A. Apply for continuing status within a calendar year of the effective date of thisrule; and

B. The department shall decide whether to grant the sponsor continuing authorityto act as a sponsoring institution based on scoring of the application rubric.

(C) Sponsorship Accountability.

1. The department may withhold payment of sponsorship funds due to lack of

oversight by the sponsor until such time as the charter sponsor has fully complied

with standards established in this rule.

AUTHORITY: sections 160.400, 160.405, 160.410, 160.415, 160.420, 161.092, 167.349, RSMoSupp. 2011

PUBLIC COST: This proposed rule is estimated to have no costs to the charter schools and anyexpenses incurred by the charter sponsors will be defrayed by the funds provided charter sponsorsas authorized by section 160.400.9, RSMo Supp. 2011. Costs to the Department of Elementaryand Secondary Education will be assumed in the current Charter School Office budget.

PRIVATE COST: This proposed rule will not cost private entities more than five hundred dollars($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in oppositionto this proposed rule with the Department of Elementary and Secondary Education, Attention:Curt Fuchs, Coordinator of Educational Support Services, Office of Quality Schools, PO Box 480,Jefferson City, Mo 65102-0480 or by email [email protected] . To beconsidered, comments must be received within thirty (30) days after publication of this notice intheMissouri Register. No public hearing is scheduled.
mailto:[email protected]:[email protected]

dese state board august 2011 agenda: charter school rule

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