West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-079 - Charter Public Schools (3300) › Section 126-79-11 - Education Service Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Purpose. The role of an ESP is to
				manage the day-to-day education of students in charter schools. The specific
				functions performed by an individual ESP are defined by its contract with an
				authorized charter school's governing board. Notwithstanding any contrary
				provision in the ESP's contract, pursuant to W. Va. Code §
									18-5G-7(c)(2)(C),
				the governing board retains final authority and oversight over the charter
				school.
11.2. Pursuant to W. Va.
				Code §
									18-5G-8(c),
				if a charter applicant intends to contract with an ESP to be involved with the
				operations of its proposed charter school, the charter school application must
				include the following information relating to the ESP:
11.2.a. Evidence of success in serving
				student populations similar to the targeted population, including demonstrated
				academic achievement and growth as well as successful management of nonacademic
				school functions, if applicable;
11.2.b. Student performance data and
				financial audit reports for all current and past charter schools;
11.2.c. Documentation of and explanation for
				any actions taken, legal or otherwise, against any of its charter schools for
				academic, financial, or ethical concerns;
11.2.d. The proposed duration of the ESP's
				intended contract with the charter school's governing board;
11.2.e. The proposed annual fees and any
				other amounts to be paid to the ESP;
11.2.f. The roles and responsibilities of the
				governing board, the charter school staff, and the ESP. Any allocation of
				responsibilities for special education services must also be
				included;
11.2.g. The scope of
				services and resources to be provided by the ESP;
11.2.h. Performance evaluation measures and
				timelines;
11.2.i. Methods of
				contract oversight and enforcement by the governing board;
11.2.j. Investment disclosure, including, but
				not limited to:
11.2.j.1. Any interests or
				entanglements in the ESP, its parent companies, or subsidiaries held by members
				of the governing board;
11.2.j.2.
				Any investors, interest holders, subsidiaries, etc. in the ESP;
11.2.j.3. Conditions for renewal and
				termination of the ESP contract; and
11.2.j.4. Disclosure and explanation of any
				existing or potential conflicts of interest between the governing board and the
				proposed ESP or any affiliated business entities.
11.2.k. As part of the evaluation of charter
				school applications, authorizers shall consider the information provided in
				determining whether the ESP is reasonably likely to succeed in their context.
				In doing so, the authorizer may consider the following:
11.2.k.1. The ESP'S demonstrated success in
				improving student outcomes relative to other students with similar incoming
				achievement and demographics to those it serves in existing schools;
11.2.k.2. The ESP'S demonstrated ability to
				successfully manage school operations and finances;
11.2.k.3. The ESP's involvement in part of a
				charter school network or network of networks that has demonstrated success
				improving student outcomes relative to similar students;
11.2.k.4. The ESP's experience serving
				students and communities similar to the one it plans to serve;
11.2.k.5. The ESP's identification of key
				members of its school leadership team (e.g., instructional leader, operational
				leader, etc.) and whether those leaders possess the experience, qualifications,
				and past success that make them reasonably likely to succeed;
11.2.k.6. The ESP and governing board's
				adequate address of any past actions, legal or otherwise, against the ESP or
				any schools or other entities that it operates;
11.2.k.7. The ESP and governing board's
				tailoring of adequate educational and business plans to the local context in
				which it will operate to create a reasonable likelihood that the school will
				achieve its educational mission;
11.2.k.8. The governing board's plans to
				provide adequate educational, operational, and financial services not provided
				by the ESP;
11.2.k.9. If the ESP is
				or is a subsidiary of a for-profit entity, the terms of the contract that
				generate profits are not excessive;
11.2.k.10. The governing board's draft of
				reasonable oversight and accountability methods to address performance concerns
				prior to issues rising to the attention of the authorizer; and
11.2.k.11. The ESP and governing board's
				establishment of adequate additional oversight and monitoring plans if the
				proposed charter school relies heavily on virtual, asynchronous
				instruction.