W. Va. Code R. § 126-79-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-79-11 - Education Service Providers

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.

11.3. Reporting Requirements for ESPs.

11.3.a. Pursuant to W. Va. Code § 18-5G-7(c)(4), ESPs shall provide monthly detailed budgets to the charter school's governing board.

11.3.b. Pursuant to W. Va. Code § 18-5G-4(b)(6)(ix), ESPs shall provide the charter school's governing board with an annual review of educational and operational practices that the ESP found particularly effective for delivering improved student outcomes. The governing board shall report these practices to its authorizer and the state as part of annual reporting on successful innovations as required by state code.

W. Va. Code R. § 126-79-11