Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-121 - Finance-General apportionment › ENROLLMENT › Section 392-121-1885 - Instruction provided under contract by charter schools

Current through Register Vol. 24-14, July 15, 2024
Charter schools are authorized to enter into contracts with
				  any school district, educational service district, or other public or private
				  entity for the provision of educational instructional services to the same
				  extent as other noncharter public schools, as long as the charter school board
				  maintains oversight authority over the charter school. When a charter school
				  contracts with an entity other than a school district and that entity employs
				  staff to provide basic education instruction claimed by the charter school for
				  state basic education funding, the requirements of this section also apply.
				  Instruction provided by such an entity (hereafter called the contractor) may be
				  counted as a course of study and claimed by the charter school for state
				  funding if the following requirements are met:
(1) The charter school retains full
				responsibility for compliance with all state and federal laws;
(2) The charter school complies with all
				relevant state and federal laws that are applicable to charter
				schools;
(3) The contractor
				provides instruction free of sectarian or religious influence or
				control;
(4) The contractor charges
				the student no tuition for enrollment;
(5) No student or person is unlawfully
				excluded from participation on the grounds of sex, race, creed, religion,
				color, national origin, honorably discharged veteran or military status, sexual
				orientation, gender expression, gender identity, the presence of any sensory,
				mental, or physical disability, the use of a trained dog guide or service
				animal, or marital status;
(6) Each
				student is enrolled in the charter school reporting the enrollment and each
				high school student is working toward course credits which satisfy high school
				graduation requirements;
(7) If the
				contractor is a state higher education institution, a state funded education
				center, or any other state funded entity, the contractor is not claiming
				enrollment of the student or receiving direct state support for the contracted
				instruction reported pursuant to this section;
(8) The curriculum is approved by the charter
				school. Approval for online course curriculum is not required for online
				courses offered by an online provider approved by the superintendent of public
				instruction under RCW 28A.250.-020;
(9) The contractor provides enrollment
				reports to the charter school that comply with this chapter;
(10) The contractor maintains and has
				available for audit or review by the charter school, charter school authorizer,
				and state or federal authorities documentation of enrollment, hours of
				instructional activity participated in by the students, personnel data, and
				financial data including all revenues and expenditures pertaining to the
				contract with the charter school;
(11) As of October 1st, if a contractor
				certificated employee employed by a contractor other than an institution of
				higher education spends more than twenty-five percent of a full-time equivalent
				time with students for a given charter school, the charter school must report
				the individual contractor certificated employee as required by the SPI annual
				personnel reporting system for calculation of state funding, staff ratios and
				statistics;
(12) The charter school
				and contractor execute a written contract which is consistent with this
				section, and which sets forth the duties of the contractor in detail sufficient
				to hold the contractor accountable to the charter school. Charter schools that
				purchase online courses through the online course catalog provided by the
				office of superintendent of public instruction are exempt from this
				provision;
(13) The charter school
				and contractor establish a process for periodic monitoring by the charter
				school and charter school authorizer for compliance with this section and other
				terms of the contract between the charter school and contractor. Charter
				schools that purchase online courses through the online course catalog provided
				by the office of superintendent of public instruction are exempt from this
				provision;
(14) Contracts for
				services for students with disabilities shall comply with WAC
				392-172A-04085 and
				392-172A-04090;
(15) Full-time equivalent enrollment reported
				for students served under a contract with a higher education institution shall
				be based on the number of hours of instruction meeting the criteria in WAC
				392-121-107(1)(a)
				 provided by staff of the higher education
				institution under the contract. This section does not apply to running start
				enrollment, which is governed by chapter 392-169 WAC; and
(16) The charter school requires the
				contractor to clearly state in all of the contractor's advertising, publicity,
				or public statements regarding the contracted service that the service is being
				offered by the charter school under contract.