South Carolina Code of Regulations › Chapter 43 - STATE BOARD OF EDUCATION › Article 26 - CHARTER SCHOOLS › Section 43-601 - Procedures and Standards for Review of Charter School Applications

Current through Register Vol. 48, No. 6, June 28, 2024
I. DEFINITIONS
A. A "charter school" means a public,
			 nonreligious, nonhome-based, nonprofit corporation forming a school that
			 operates by sponsorship of a public school district, the South Carolina Public
			 Charter School District, or a public or independent institution of higher
			 learning, but is accountable to the board of trustees, or in the case of
			 technical colleges, the area commission, of the sponsor which grants its
			 charter. Nothing in this chapter prohibits charter schools from offering
			 virtual services pursuant to state law and subsequent regulations defining
			 virtual schools.
B. "Applicant"
			 means the person who or nonprofit corporate entity that desires to form a
			 charter school and files the necessary application with the South Carolina
			 Public Charter School District Board of Trustees, the local school board of
			 trustees in which the charter school is to be located, or the board of trustees
			 or area commission of a public or independent institution of higher learning.
			 The applicant also must be the person who or the nonprofit corporate entity
			 that applies to the Secretary of State to organize the charter school as a
			 nonprofit corporation.
C. "Sponsor"
			 means the South Carolina Public Charter School District Board of Trustees; the
			 local school board of trustees in which the charter school is to be located, as
			 provided by law; a public institution of higher learning, as defined in
			 Section59-103-5; or an
			 independent institution of higher learning, as defined in Section59-113-50,
			 from which the charter school applicant requested its charter and which granted
			 approval for the charter school's existence. Only those public or independent
			 institutions of higher learning, as defined in this subsection, who register
			 with the South Carolina Department of Education may serve as charter school
			 sponsors, and the department shall maintain a directory of those institutions.
			 The sponsor of a charter school is the charter school's local education agency
			 (LEA) and a charter school is a school within that LEA. The sponsor retains
			 responsibility for special education and shall ensure that students enrolled in
			 its charter schools are served in a manner consistent with LEA obligations
			 under applicable federal, state, and local law.
D. "Charter committee" means the governing
			 body of a charter school formed by the applicant to govern through the
			 application process and until the election of a board of directors is held.
			 After the election, the board of directors of the corporation must be organized
			 as the governing body and the charter committee is dissolved.
E. "Certified teacher" means a person
			 currently certified by the State of South Carolina to teach in a public
			 elementary or secondary school or who currently meets the qualifications
			 outlined in Sections59-27-10
			 and
			 59-25-115.
F. "Noncertified teacher" means an individual
			 considered appropriately qualified for the subject matter taught and who has
			 completed at least one year of study at an accredited college or university and
			 meets the qualifications outlined in Section59-25-115.
G. "Charter school contract" means a fixed
			 term, renewable contract between a charter school and a sponsor that outlines
			 the roles, powers, responsibilities, and performance expectations for each
			 party to the contract.
H. "Resident
			 public school" means the school, other than a charter school, within whose
			 attendance boundaries the charter school student's custodial parent or legal
			 guardian resides."
I. "Local school
			 district" means any school district in the state except the South Carolina
			 Public Charter School District, or a public institution of higher learning, as
			 defined in Section59-103-5;
			 or an independent institution of higher learning, as defined in
			 Section59-113-50
			 and does not include special school districts.
J. "Scholastic year" means the year that
			 begins on the first day of July of each year and ends on the thirtieth day of
			 June following.
K. "Alternative
			 Education Campus (AEC)" means any charter school with an explicit mission as
			 outlined in its charter to serve an enrolled student population as outlined in
			 Section59-40-111.