West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-4 - Charter School Application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Charter school applications require applicants to provide information and
				evidence about a charter applicant's ability to open and operate a charter
				school that expands educational options and improves student outcomes.
				Well-designed charter school applications ensure that such evidence is
				sufficient to enable authorizers to make well-informed decisions regarding the
				approval status of charter school applications.
4.2. To assist and support both charter
				applicants and authorizers, a standard charter application is available on the
				WVDE's website. Authorizers must use the standard, statewide application. In
				addition to the statewide application, authorizers may issue addenda to the
				application so long as, at a minimum, the resulting combined application
				materials contain the items and acknowledgments outlined in this section and do
				not contradict anything in this policy. Authorizers shall either make this
				application and any addenda available on their websites or direct charter
				applicants to the WVDE website to access the standard application.
4.3. Application Requirements. In accord with
				W. Va. Code §
									18-5G-3
				and §
									18-5G-8,
				the following items must be addressed in a charter school application:
4.3.a. Pursuant to W. Va. Code §
										18-5G-8(b)(l),
				a mission statement and a vision statement for the charter school, inclusive of
				any specialized focus to be advanced through the establishment of the charter
				school.
4.3.b. Pursuant to W. Va.
				Code §
										18-5G-8(b)(2)
				and §
										18-5G-8(14),
				a description of the charter school's proposed educational program, including
				the grades and ages the charter school seeks to serve. While the charter school
				may include virtual learning opportunities as part of its proposed program,
				enrolled students shall not receive a majority of instruction through virtual,
				asynchronous instruction unless the applicant is seeking to establish a
				full-time virtual public charter school and includes in the application the
				additional requirements outlined in subsection 4.5.
4.3.c. Pursuant to W. Va. Code §
										18-5G-8(b)(5),
				an explanation of how the proposed program is likely to improve achievement of
				traditionally under performing students in the county, meaning students or
				student subgroups with outcomes that are consistently lower than other students
				or subgroups.
4.3.d. Proposed
				accountability plan, including but not limited to:
4.3.d.1. Pursuant to W. Va. Code §
											18-5G-8(b)(3),
				student achievement goals for the proposed program and the method to evaluate
				whether students have attained the skills and knowledge specified for those
				goals;
4.3.d.2. Pursuant to W. Va.
				Code §
											18-5G-8(b)(4),
				the charter school's plan for using data derived from student evaluations and
				assessments to drive instruction and promote continued school
				improvement;
4.3.d.3. Pursuant to
				W. Va. Code §
											18-5G-8(b)(4),
				an acknowledgement that the charter school will participate in the state's
				accountability system and an explanation for how the charter school will
				consider the state accountability results in its specific accountability plan;
				and
4.3.d.4. For charter schools
				seeking to enroll high school students, the proposed requirements for
				graduation.
4.3.e.
				Pursuant to W. Va. Code §
										18-5G-8(b)(6),
				the proposed governance structure, inclusive of at least:
4.3.e.1. List of initial governing board
				members. For the initial governing board members, the applicant shall identify
				any education-related lawsuits in which such individuals have been involved,
				either directly or indirectly. Pursuant to W. Va. Code §
											18-5G-7(a),
				the initial governing board shall consist of no fewer than five members elected
				or selected in a manner specified in the charter school application, including
				at least the following:
4.3.e.1.A. Two
				parents/guardians of students attending the charter school. These members may
				be identified after enrollment has occurred; and
4.3.e.1.B. Two members who reside in the
				community served by the charter school.
4.3.e.1.C. No board member shall count as
				both a parent/guardian representative and community representative.
4.3.e.2. Bylaws, which shall
				include description of the qualifications, terms, and methods of appointment or
				election of governing board members, subject to W. Va. Code §
											18-5G-7(b),
				which requires members of governing boards:
4.3.e.2.A. Not be employees of the charter
				school administered by the governing board;
4.3.e.2.B. Not be employees of, or receive
				compensation from, an ESP that provides services to the charter
				school;
4.3.e.2.C. File a full
				disclosure report to the authorizer identifying potential conflicts of
				interest, relationships with ESPs, and relationships with family members who
				are employed by the school or have other business dealings with the school, the
				management organization of the school, or any other charter public
				school;
4.3.e.2.D. Participate in
				training for new governing board members provided by the WVDE;
4.3.e.2.E. Collectively possess documented
				expertise in leadership, curriculum and instruction, law, human resources, and
				finance;
4.3.e.2.F. Be considered
				an officer of a school district under the provisions of W. Va. Code §
												6-6-7
				and removal from office shall be in accordance with the provisions of that
				section;
4.3.e.2.G. Not be a member
				of the authorizing county board of education; and
4.3.e.2.H. Provide documentation of and
				explanation for any education-related actions taken, legal or otherwise,
				against them for academic, financial, or ethical concerns. These actions may
				relate to education generally and/or the operation of charter schools
				specifically.
4.3.e.3.
				Organizational structure of the charter school, which shall include clear lines
				of authority and reporting between the governing board, school administrators,
				staff, any advisory bodies or parent/guardians and teacher councils, and any
				external individuals or organizations that will play a role in managing the
				charter school, including, but not limited to education service providers
				(ESPs).
4.3.f. Pursuant
				to W. Va. Code §
										18-5G-8(b)(7),
				the plans and timelines for student enrollment application to and enrollment in
				the charter school, inclusive of the school's primary recruitment area and
				process for conducting a transparent and random admission lottery when
				necessary, subject to W. Va. Code §
										18-5G-11
				and section 9. The primary recruitment area shall be based on the charter
				school's estimated facility and program capacity, pursuant to W. Va. Code
				§ 18-5G-ll(a)(5). The applicant shall also identify any student enrollment
				preferences, as defined in section 9 and in ranked order, it plans to use
				should student enrollment applications exceed capacity. The use of agreed upon
				preferences in any lottery conducted for admission to the charter school shall
				conform to the requirements of W. Va. Code §
										18-5G-11
				and section 9.
4.3.f.1. Pursuant to W. Va.
				Code § 18-5G-14(a)(l), the student enrollment capacity for a virtual
				charter school authorized by the West Virginia Professional Charter School
				Board is limited to five percent of the corresponding statewide headcount
				enrollment per year of the grade levels actually being served by the virtual
				charter school. The enrollment capacity limits for the virtual charter school
				shall be applied against the corresponding statewide headcount enrollment for
				the preceding school year by grade bands: grades K-2, grades 3-5, grades 6-8,
				and grades 9-12. For example, if a virtual charter school serves grades 6-12,
				the enrollment limit for grades 6-8 will be calculated based on the
				corresponding statewide headcount enrollment for the preceding school year in
				those same grades and a separate limit shall be calculated for grades 9-12
				using the same methodology.
4.3.f.2. Pursuant to W. Va. Code §
				18-5G-14(a)(2), the student enrollment capacity for a virtual charter school
				authorized by one or more county boards of education is limited to ten percent
				of the corresponding county's headcount enrollment per year of the grade levels
				actually being served by the virtual charter school. The enrollment capacity
				limits for the virtual charter school shall be applied against the
				corresponding county's headcount enrollment counts for the preceding school
				year by grade bands: grades K-2, grades 3-5, grades 6-8, and grades 9-12. For
				example, if a virtual charter school serves grades 6-12, the enrollment limit
				for grades 6-8 will be calculated based on the corresponding county headcount
				enrollment for the preceding school year in those same grades and a separate
				limit shall be calculated for grades 9-12 using the same methodology.
4.3.g. Pursuant to W. Va. Code
				§
										18-5G-8(b)(8),
				a proposed five-year budget, including the start-up year and projections for
				four additional years with clearly stated assumptions.
4.3.h. Pursuant to W. Va. Code §
										18-5G-8(b)(9),
				the proposed fiscal and internal control policies of the charter
				school.
4.3.i. A staffing plan that
				outlines a strategy for hiring the professional and service personnel necessary
				to reasonably achieve the charter school's education mission who meet the
				hiring criteria identified in the charter school application. The staffing plan
				must include, but is not limited to, an explanation of how the governing board
				plans to establish requisite qualifications and any associated certification
				and/or licensure necessary for administrators, teachers, and other
				instructional and support staff to be employed at the charter school and a
				method for verifying that these requirements are met, pursuant to W. Va. Code
				§
										18-5G-3(b)(8).
				At a minimum, the proposed criteria for hiring qualified teachers and other
				instructional staff shall demonstrate that individuals have relevant documented
				academic or occupational qualifications or experiences that reasonably indicate
				they will be competent to fill the positions in which they would be employed.
				Documentation of such relevant qualifications or experiences may include a
				four-year undergraduate degree or higher in a subject related to those the
				individual will teach, a professional certification in a field related to the
				one the individual will teach, and/or other comparable documentation deemed
				acceptable by the authorizer.
4.3.j. Pursuant to W. Va. Code §
										18-5G-8(b)(
				11), a proposed handbook outlining the charter school's personnel policies,
				which, at a minimum, shall include:
4.3.j.1.
				A description of staff responsibilities;
4.3.j.2. Performance management processes and
				plans for administrators, teachers, other instructional personnel, and other
				staff at the charter school; and
4.3.j.3. Employment practices and policies
				including those covering disputes and due-process procedures for
				staff.
4.3.k. Pursuant to
				W. Va. Code §
										18-5G-8(b)(12)
				and consistent with section 9, an explanation of proposed student discipline
				procedures, allowing for appropriate due process for all students including
				students with exceptionalities. The discipline procedures shall provide for
				appropriate due process protections for students with exceptionalities and be
				consistent with state and federal laws and regulations governing the placement
				of students with exceptionalities.
4.3.l. Pursuant to W. Va. Code §
										18-5G-8(b)(13),
				a description of the facilities to be used by the charter school and how the
				facility supports the implementation of the school's program, and any services
				provided, and meets zoning, building, and safety requirements established for
				non-charter public schools, pursuant to W. Va. Code §
										18-5G-3(c)(12)
				and §
										18-5G-3(c)(13).
4.3.m. Pursuant to W. Va. Code §
										18-5G-8(b)(14),
				the projected minimum and maximum enrollment per grade per year throughout the
				duration of the contract.
4.3.n.
				Pursuant to W. Va. Code §
										18-5G-8(b)(15),
				the school calendar and school day schedule.
4.3.n.1. Pursuant to W. Va. Code §
				18-5G-14(a)(9), applicants seeking to establish a virtual charter school that
				utilizes a learn at your own pace program are not required to comply with the
				instructional term requirement set forth in W. Va. Code §
											18-5-45. Such
				applicants shall include in the application a description of how sufficient
				opportunities for learning and engagement will be provided to allow mastery of
				course content by students enrolled in the virtual charter school.
4.3.o. Pursuant to W. Va. Code
				§
										18-5G-8(b)(16),
				the types and amounts of insurance coverage the charter school will obtain,
				which shall include adequate insurance for liability, property loss, and the
				personal injury.
4.3.p. Pursuant to
				W. Va. Code §
										18-5G-8(b)(17),
				a description of food services to be provided to students attending the school
				and how those services shall meet federal nutrition standards or state
				nutritional standards when they are stricter, pursuant to W. Va. Code §
										18-5G-3(c)(l).
4.3.q. Pursuant to W. Va. Code §
										18-5G-8(b)(19),
				the ethics standards for the school as well as governing board, officers, and
				school employees.
4.3.r. Pursuant
				to W. Va. Code §
										18-5G-8(b)(20),
				the plan for serving students with special needs. At a minimum, this plan must
				comply with applicable state and federal laws and regulations. To the extent
				known, the application shall identify the specific areas and services where the
				charter school will seek to contract with other entities to provide services.
				At a minimum, the applicant's plan for serving students with exceptionalities
				shall include:
4.3.r.1. The applicant's plan
				to provide the full spectrum of placements for students with
				exceptionalities.
4.3.r.2. The
				applicant's plan to ensure that Child Find responsibilities are being met. This
				shall include a description of policies and practices to identify and assess
				the needs of students who may be eligible to receive special education and
				related services and to identify students who are at-risk for exceptionalities
				and seek appropriate evaluations.
4.3.r.3. The applicant's plan to ensure
				retention of students with exceptionalities.
4.3.r.4. A description of the specialized
				staff to be hired to administer programs and provide special education and
				related services.
4.3.r.5. The
				applicant's plan for providing the physical space to meet the needs of students
				with exceptionalities.
4.3.r.6. A
				reasonable funding plan that reflects an understanding of how special education
				and related services are funded.
4.3.s. Pursuant to W. Va. Code §
										18-5G-8(b)(21),
				a description of co-curricular and extracurricular programs to be offered and
				how such programs will be funded and delivered. All extracurricular programs
				offered by the charter school are subject to Secondary School Activities
				Commission (SSAC) rules.
4.3.t.
				Pursuant to W. Va. Code §
										18-5G-8(b)(22),
				a clear, articulated proposed process for resolving disputes with the
				authorizer.
4.3.u. Pursuant to W.
				Va. Code §
										18-5G-8(b)(23),
				a detailed start-up plan, including financing, tasks, timelines, and
				individuals responsible for carrying out the plan.
4.3.v. Pursuant to W. Va. Code §
										18-5G-8(b)(24),
				the charter school's plan to notify students, parents/guardians, and others in
				the school's primary recruitment area of the school as an option available for
				students and the process for applying for enrollment in the charter
				school.
4.3.w. Pursuant to W. Va.
				Code §
										18-5G-8(b)(25),
				the charter school's plan for parental and community involvement.
4.3.x. Pursuant to W. Va. Code §
										18-5G-8(c),
				if the charter school intends to contract with an ESP, the information included
				in section 11 must be included in the charter school application.
4.3.y. Pursuant to W. Va. Code§
										18-5G-3(c)(ll),
				the process the charter school will use to obtain a criminal history check for
				charter school personnel, governing board members, and all other individuals
				that have physical or virtual presence or interaction with students enrolled at
				the charter school. Charter applicants may rely on any criminal history check
				performed by the WVDE in conjunction with the issuance of a license or other
				credential to work in the public schools in this state as required in section
				7.
4.3.z. Any additional
				information the authorizer includes as part of the charter school
				application.
4.3.aa. Pursuant to W.
				Va. Code §
										18-5G-8(b)(18),
				the proposed process and procedures to be followed in the case of closure or
				dissolution of the charter school for any reason. At a minimum, the proposed
				process shall:
4.3.aa.1. Explain the method
				for notifying students, parents/guardians, staff, and stakeholders of reasons
				and timeline for closure;
4.3.aa.2.
				Describe the process for the transfer of students, student records, staff/human
				resource records, and administrative and financial documents and information to
				the appropriate county board of education;
4.3.aa.3. Provide assurance and agreement to
				return net assets or equity to authorizer after payment of debts;
4.3.aa.4. Detail the process for reporting
				any outstanding data and completing necessary auditing;
4.3.aa.5. Establish a timeline for performing
				and completing all tasks related to the closure; and
4.3.aa.6. Comply with the provisions of
				section 8.