La. Admin. Code tit. 28 § CXXXIX-311

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXXXIX-311 - Application Process for Locally-Authorized Charter Schools

A. Application Cycle

1. Local school boards shall accept charter applications from applicants according to the local district timeline established by the department and approved by BESE. BESE shall approve at least one charter application cycle for the local district timeline per year. The department may extend approved cycles or provide for additional cycles, and shall notify BESE of any such changes.

2. Local school boards may request supplementary materials once the initial application has been submitted. Final decisions regarding the approval of charter applications must be made by local school boards according to the local district charter application timeline. Notifications of charter proposal denied shall include written explanation of the reasons for such denial.

3. Prior to the consideration of a charter school proposal by any local school board, each charter applicant shall be afforded the opportunity to provide a written response to the independent evaluation of the application. Such response shall be available to the independent reviewers for consideration prior to issuing a final recommendation to the chartering authority

4. The local board shall send to the charter applicant, either by electronic means or hand delivery, the final evaluation and recommendations of the third-party evaluator. Such information shall be sent no later than five business days prior to the meeting at which the local board will take action on the charter proposal.

5. The local school board shall notify the department of the receipt of charter applications and any board action taken on such applications in accordance with procedures developed as part of the local district timeline.

6. If a proposal is not approved by the local school board and then also not approved by BESE within the same approval cycle, then the proposal shall be submitted to the local school board for its consideration during the next approval cycle prior to being submitted to BESE.

B. Competitive Process

1. The charter application process shall be a competitive process whereby any entity meeting eligibility requirements may be approved.

2. The charter application shall be in the form of a request for applications.

3. The release of a request for application must include:

a. public notice;

b. notice to national, regional, and state organizations that support charter schools; and

c. notice to all known interested parties.

4. Local school boards, as the authorizer of type 1 and type 3 charter schools, shall make public through the local school board website, and in printed form upon request, the guidelines for submitting a charter proposal, all forms required for submission of a charter proposal, the timelines established for accepting and reviewing charter proposals, the process used to review charter proposals submitted to the board, and the name and contact information for a primary point of contact for charter proposals.

5. Charter Applicant Orientation. The local authorizer shall provide an orientation session for interested applicants prior to full application submission. The orientation shall provide applicants a clear understanding of the application process, expectations for high-quality applications, evaluation criteria, and authorizer expectations upon approval.

C. Application Evaluation

1. Local school boards must provide for an independent evaluation of the charter proposal by a third party with educational, organizational, legal, and financial expertise.

2. Local school boards must engage in a transparent application review process that complies with the latest Principles and Standards for Quality Charter School Authorizing, as promulgated by the National Association of Charter School Authorizers.

3. Final decisions regarding the approval of charter applications must be made by local school boards according to the local district charter application timeline.

4. Prior to approving a charter for a Type 1 or Type 3 school, the local school board shall hold a public meeting for the purpose of considering the proposal and receiving public input. Such meeting shall follow applicable open meeting laws and shall be held after reasonable efforts have been made by the local school board to notify the public of the meeting and content.

5. Prior to the consideration of a charter school proposal by any local school board, each charter applicant shall be afforded the opportunity to provide a written response to the independent evaluation of the application. Such response shall be available to the independent reviewers for consideration prior to issuing a final recommendation to the chartering authority.

6. The local board shall send to the charter applicant, either by electronic means or hand delivery, the final evaluation and recommendations of the third-party evaluator. Such information shall be sent no later than five business days prior to the meeting at which the local board will take action on the charter proposal.

7. The local school board shall notify the department of the receipt of charter applications and any local board action taken on such applications in accordance with procedures developed as part of the local district timeline.

8. If a proposal is not approved by the local school board and then also not approved by BESE within the same approval cycle, then the proposal shall be submitted to the local school board for consideration during the next approval cycle prior to being submitted to BESE.

D. Common Charter Application

1. Each local school board shall use a common charter application developed by the department and approved by BESE, but may request additional information from applicants as needed.

2. BESE shall annually approve the common application to be used by local school boards. If there are no changes to be made to the common application from a previous year, BESE will not be required to vote to approve the common charter application.

E. Appeals to State Process

1. If a charter applicant believes that a local school board has not complied with the requirements in §306 of this part, the charter applicant may submit the proposal to BESE for review and approval as a type 2 charter as part of the annual request for applications.

a. Upon local receipt of the application from the local charter applicant, the department shall investigate and make a determination as to whether the local school board failed to comply with §306 of this part.

b. If the department determines that the local school board failed to comply with §306, the LDE shall notify the local school board of that determination within 30 days, and BESE may proceed with review of the charter application.

2. The charter applicant may submit a proposal to BESE for review and approval as a type 2 charter for other reasons as provided for in §503 of this part.

F. Partnerships with the Department

1. A local school board may enter into an agreement with the Louisiana Department of Education by which the department will conduct the local school board charter application and evaluation process, Local school boards that have entered into such agreements shall be exempt from Subsection A of this Section, and shall instead follow timelines established by the department.

2. The department shall create the process and timeline by which such agreements can be created and implemented.

La. Admin. Code tit. 28, § CXXXIX-311

Promulgated by the Board of Elementary and Secondary Education LR 44231 (2/1/2018), Amended LR 47570 (5/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6(A)(10), R.S. 17:3981, R.S. 17:3981, 17:93, and R.S. 17:3983.