14 Del. Admin. Code § 275-3.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 275-3.0 - Application Process

3.1 Application Deadlines: Applications to establish new charter schools must be submitted to the Department between November 1st and December 31st for schools preparing to admit students in accordance with 14 Del.C. § 511 (g) (1), (2).

3.2 All applications, whether for an original charter, a modification of a charter or the renewal of a charter, shall be made on forms approved by the Department.

3.3 An original and 5 copies of a completed application must be received by the Department by the application deadline in order for the application to be considered; an electronic copy shall also be submitted at the same time either as an attachment to an e-mail message or by electronic portable storage. The electronic copy shall be identical in all respects to the original application. Incomplete applications, or applications received after the deadline, will not be considered.

3.4 All written communications from the Department or the Accountability Committee to an applicant shall be sent to the contact person identified in the application, at the address provided in the application. An applicant is responsible for notifying the Department in writing of any change in the contact person or contact address after its application is submitted.

3.5 An application is not complete unless all of the following requirements are met:

3.5.1 All applicable sections in the application form are appropriately completed.

3.5.2 All documentation required by the application form or subsequently requested by the Department or the Accountability Committee is received by the deadline provided by the Charter School Office.

3.6 Applications will not remain pending from year to year. Applications that do not result in the issuance of a charter must be resubmitted in full in subsequent years to be considered in subsequent years.

3.7 The State Board of Education may designate one or more of its members to sit as nonvoting members of the Accountability Committee.

3.8 In deciding whether to approve or disapprove any application for an original charter, a major modification of a charter, the renewal of a charter, or the formal review of a charter, the Secretary and State Board shall base the decision on the record. The record shall consist of the application and any documents filed therewith in support of the application, the charter contract, the Performance Review (not applicable for new applications), reports of the Accountability Committee, any response or other evidence, oral or otherwise, provided by the applicant to the Accountability Committee prior to the issuance of its final report, any comments received at any public hearing conducted pursuant to the provisions of the Charter School Law, including comments made at any such hearing by the applicant in response to the Accountability Committee's final report and any written or electronic comments received during the period of public comment. In the case of the renewal, major modification, or formal review of a charter, the record shall also include performance documentation generated during the term of the charter or related to the subject of the formal review including compliance with the school's charter contract and Performance Agreement, renewal report, audits and performance reviews, student testing data, and parent complaint documentation. No other evidence shall be considered. Written and electronic comments must be received by the Department's Charter School Office during the period of public comment established for the application and published by the Department.

3.9 Applicants and charter holders shall make the financial disclosures relating to ownership and financial interest as required by 14 Del.C. § 511(q). A charter school founder or member of a charter school board has a "financial interest" in the charter school if that person receives compensation in excess of $5,000.00 from the charter school in any calendar year. Compensation means money, thing of value, or any other economic benefit of any kind or nature whatsoever conferred on or received by a charter school founder or member of a charter school board. "Ownership" shall have the meaning commonly ascribed to it as appropriate in context.

3.10 Consideration of Impact

3.10.1 The Department and the State Board may use public comments and information from the public record to inform the development of any proposed conditions relating to impact. When deciding whether to impose conditions, or the nature of conditions to be imposed, the Department and the State Board may consider one or more of the following criteria regarding impact:

3.10.1.1 Educational impact may include :

3.10.1.1.1 Projected effects on academic performance, including historical student achievement and growth trends of the applicant and the projected sending schools and districts;

3.10.1.1.2 Programmatic offerings and grade levels, including waiting lists and other information about similar programs in the surrounding area and unique program offerings as detailed in the application; and

3.10.1.1.3 Partnerships with local education agencies (including potential opportunities for district collaboration, innovation, and parent and community involvement).

3.10.1.2 Financial impact may include projected increases and decreases in costs and in revenue received by local education agencies, including fixed costs, teacher units, and transportation expenses, which are calculated using publicly available and verifiable data and information.

3.10.1.3 Community impact may include projected social, cultural, demographic, environmental, and economic trends and effects on the surrounding area.

3.10.2 The Department shall publish any proposed conditions relating to impact, including written justification for the conditions, on the Charter School Office web page no later than the first Thursday in March. Any proposed conditions shall be added to the public record and forwarded to the applicants.

3.10.3 The State Board shall review the Department's proposed conditions relating to impact, and may propose additional conditions or modify conditions proposed by the Department. The State Board shall submit any proposed conditions, including written justification for the conditions, to the Department's Charter School Office no later than 3 business days before the final meeting of the Accountability Committee. Any proposed conditions shall be added to the public record and forwarded to the applicants.

3.10.4 The final decision of the Secretary, presented for the assent of the State Board may include any of the previously proposed conditions relating to impact, but shall not include any conditions related to impact not proposed in accordance with 14 DE Admin. Code 275, subsections 3.10.2 and 3.10.3.

3.10.5 The State Board, in addition to voting to assent to the decision of the Department, may include any previously proposed conditions related to impact or modify conditions related to impact within the Secretary's decision, but shall not include any conditions relating to impact not previously proposed in accordance with 14 DE Admin. Code 275, subsections 3.10.2 and 3.10.3 in its motion for assent to approve such application.

14 Del. Admin. Code § 275-3.0

6 DE Reg. 274 (09/01/02)
12 DE Reg. 211 (08/01/08)
16 DE Reg. 197 (08/01/12)
17 DE Reg. 497 (11/1/2013)
17 DE Reg. 913 (3/1/2014)
18 DE Reg. 366 (11/1/2014)
27 DE Reg. 103 (8/1/2023) (Final)