14 Del. Admin. Code § 275-4.0

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

Section 275-4.0 - Standards and Criteria for Granting Charter

4.1 Applicant Qualifications

4.1.1 The applicant must demonstrate that its board of directors has and will maintain collective experience, or contractual access to such experience, in the following areas:

4.1.1.1 Research based curriculum and instructional strategies, aligned to Delaware content standards, to particularly include the curriculum and instructional strategies of the proposed educational program.

4.1.1.2 Business management, including accounting and school finance.

4.1.1.3 Personnel management.

4.1.1.4 Diversity issues, including outreach, student recruitment, and instruction.

4.1.1.5 At-risk populations and children with disabilities, including students eligible for special education and related services.

4.1.1.6 School operations, including facilities management.

4.1.2 The application must identify the certified teachers, the parents and the community members who have been involved in the preparation of the application and the development of the proposed charter school.

4.1.3 The applicant's bylaws must be submitted with the application and must demonstrate that:

4.1.3.1 At the time at which the school commences its instructional program and all times thereafter, the board of directors of the charter holder must include a Delaware certified teacher employed as a teacher at a charter school operated by the applicant in Delaware and also include at least 1 parent of a student enrolled in a charter school operated in Delaware by the charter holder; further provided a single individual shall not represent both the certified teacher and parent role on the board;

4.1.3.2 The applicant's business is restricted to the opening and operation of: Charter Schools, before school programs, after school programs and educationally related programs offered outside the traditional school year.

4.1.3.3 The board of directors will meet regularly and comply with the Freedom of Information Act, 29 Del.C. Ch. 100 in conducting the charter school's business.

4.2 Performance Requirements

4.2.1 Minimum Requirements

4.2.1.1 The applicant must agree and certify that it will comply with the requirements of the State Public Education Assessment and Accountability System pursuant to 14 Del.C. §§ 151, 152, 153, 154, and 157 and the Department's implementing rules and regulations including without limitation those relating to the State Assessment System.

4.2.1.2 The applicant must demonstrate that it has established and will apply measurable student performance goals on the applicable assessments administered pursuant to the State Assessment System, and a timetable for accomplishment of those goals, as established in the Performance Agreement.

4.2.1.3 If the applicant plans to adopt or use performance standards or assessments in addition to the standards set by the Department or the assessments administered pursuant to the State Assessment System, the application and performance agreement must specifically identify those additional standards or assessments and include a planned baseline acceptable level of performance, measurable goals for improving performance and a timetable for accomplishing improvement goals for each additional indicator or assessment. The use of additional performance standards or assessments shall not replace, diminish or otherwise supplant the charter school's obligation to meet the performance standards set by the Department or to use the assessments administered pursuant to the State Assessment System and must be incorporated into the Performance Agreement.

4.2.1.4 Following charter approval, but not later than a date established by the Department, the applicant must enter into a charter contract with the approving authority and into a Performance Agreement approved by the Department with the assent of the State Board, which shall address the organizational, academic and financial performance expectations of the applicant during the term of the charter. The Department, with the assent of the Board, shall establish and publish a Performance Framework which shall be used to assess the school's compliance with its Performance Agreement. Nothing contained herein shall be interpreted to relieve an applicant of its obligation to comply with any approval criteria or requirement set forth in 14 Del.C. Ch. 5. The Department shall conduct an annual Performance Review using the Performance Framework to ensure ongoing compliance with the school's Performance Agreement.

4.3 Educational Program

4.3.1 The application must demonstrate that the school's proposed program, curriculum and instructional strategies are aligned to State content standards, meet all grade appropriate State program requirements, and in the case of any proposed charter high school, includes driver education. The educational program shall include the provision of extra instructional time for at-risk students, summer school and other services required to be provided by school districts pursuant to the provisions of 14 Del.C. § 153. Nothing in this subsection shall prevent an applicant from proposing high school graduation requirements in addition to the state graduation requirements.

4.3.2 The application must demonstrate that the charter school's educational program has the potential to improve student performance. The program's potential may be evidenced by:

4.3.2.1 Academically independent, peer reviewed studies of the program conducted by persons or entities without a financial interest in the educational program or in the proposed charter school;

4.3.2.2 Prior successful implementation of the program; and

4.3.2.3 The charter school's adherence to professionally accepted models of student development.

4.3.3 The application must demonstrate that the charter school's educational program and procedures will comply with applicable state and federal laws regarding children with disabilities, unlawful discrimination and at-risk populations, including but not limited to the following showings.

4.3.3.1 The charter school's plan for providing a free appropriate public education to students with disabilities in accordance with the Individuals with Disabilities Education Act, with 14 Del.C. Ch. 31 and with 14 DE Admin. Code 922 through 929, specifically including a plan for having a continuum of educational placements available for children with disabilities.

4.3.3.2 The charter school's plan for complying with Section 504 of the Rehabilitation Act of 1973 and with the Americans with Disabilities Act of 1990.

4.3.3.3 The charter school's plan for complying with Titles VI and VII of the Civil Rights Act of 1964.

4.3.3.4 The charter school's plan for complying with Title IX of the Education Amendments of 1972.

4.4 Economic Viability

4.4.1 The application must demonstrate that the school is economically viable and shall include satisfactory documentation of the sources and amounts of all proposed revenues and expenditures during the school's first 3 years of school operation after opening for instructional purposes. There must be a budgetary reserve for contingencies of not less than 2.0% of the total annual amount of proposed revenues. In addition, the application shall document the sources and amounts of all proposed revenues and expenditures during the startup period prior to the opening of the school.

4.4.2 The Department may require that the applicant submit data demonstrating sufficient demand for Charter School enrollment if another charter school is in the same geographic area as the applicant's proposed school. Such data may include, but is not limited to, enrollment waiting lists maintained by other charter schools in the same geographic area and demonstrated parent interest in the applicant's proposed school.

4.4.3 The application shall identify with specificity the proposed sources of any loans to the applicant including loans necessary to implement the provisions of any major contract as set forth below, and the date by which firm commitments for such loans will be obtained.

4.4.4 The application shall contain a timetable with specific dates by which the school will have in place the major contracts necessary for the school to open on schedule. "Major contracts" shall include the school's contracts for equipment, services (including bus and food services, and related services for special education), leases of real and personal property, the purchase of real property, the construction or renovation of improvements to real property, and insurance. Contracts for bus and food services must be in place no later than August 1st of the year in which the school proposes to open and August 1st of each year thereafter. Contracts for the lease or purchase of real property, or the construction or renovation of improvements to real property must be in place sufficiently far in advance so that the applicant might obtain any necessary certificate of occupancy for the school premises no later than June 15th of the year in which the school proposes to open.

4.5 Attendance, Discipline, Student Rights and Safety

4.5.1 The application must include a draft "Student Rights and Responsibilities Manual" that meets applicable constitutional standards regarding student rights and conduct, including but not limited to discipline, speech and assembly, procedural due process and applicable Department regulations regarding discipline.

4.5.1.1 The "Student Rights and Responsibilities Manual" must comply with the Gun Free Schools Act of 1994 (20 U.S.C.A. § 7151) and 14 DE Admin. Code 605.

4.5.1.2 The application must include a plan to distribute the "Student Rights and Responsibilities Manual" to each charter school student and parent or guardian at the beginning of each school year. Students who enroll after the beginning of the school year shall be provided with a copy of the "Student Rights and Responsibilities Manual" at the time of enrollment.

4.5.2 The application must include the process and procedures the charter school will follow to comply with applicable laws, including the following laws:

4.5.2.1 14 Del.C. Ch. 27 and applicable Department regulations regarding school attendance, including a plan to distribute attendance policies to each charter school student at the beginning of each school year. Students who enroll after the beginning of the school year shall be provided with a copy of the attendance policy at the time of enrollment.

4.5.2.2 11 Del.C. Ch. 85 and 14 Del.C. § 511(r), and Department regulations regarding criminal background checks for public school related employment.

4.5.2.3 14 Del.C. § 4112 and applicable Department regulations regarding the reporting of school crimes.

4.5.2.4 The Family Educational Rights and Privacy Act (FERPA) and implementing federal and Department regulations regarding disclosure of student records.

4.5.2.5 The provision of free and reduced breakfast and lunch to eligible students pursuant to any applicable state or federal statute or regulation.

4.5.2.6 Freedom of Information Act

4.5.3 The requirement that the applicant provide for the health and safety of students, employees and guests will be judged against the needs of the student body or population served. Except as otherwise required in this regulation, the applicant must either agree and certify that the services of at least 1 full time registered nurse will be provided for each facility in which students regularly attend classes, or demonstrate that it has an adequate and comparable plan for providing for the health and safety of its students. Any such plan must include the charter school's policies and procedures for routine student health screenings, for administering medications to students (including any proposed self-administration), for monitoring chronic student medical conditions and for responding to student health emergencies. Any applicant which receives funding equivalent to the funding provided to school districts for 1 or more school nurses shall provide its students the full time services of a corresponding number of registered nurses.

14 Del. Admin. Code § 275-4.0

6 DE Reg. 274 (09/01/02)
7 DE Reg. 928 (01/01/04)
9 DE Reg. 1752 (05/01/06)
12 DE Reg. 211 (08/01/08)
16 DE Reg. 197 (08/01/12)
17 DE Reg. 497 (11/1/2013)
27 DE Reg. 103 (8/1/2023) (Final)