W. Va. Code R. § 126-79-5

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

Section 126-79-5 - Charter School Application Process

5.1. A transparent, clearly defined process for evaluating charter school applications will help build public confidence that approval or denial decisions are fairly rendered based on consistent criteria. Defining such a process will also help applicants submit substantive applications that provide authorizers with the evidence necessary to make decisions that best serve the interests of students.

5.2. Application forms.

5.2.a. Pursuant to W. Va. Code § 18-5G-4(b)(l), the WVDE consulted with nationally recognized charter school organizations and West Virginia education stakeholders in the development of standard charter school application forms. Those forms are available on the WVDE's website.

5.2.b. Authorizers are permitted to issue addenda to the standard charter school application form for charter applicants to complete in accordance with section 4. Authorizers shall only add addenda in good faith that create criteria that are reasonably related to the purpose of this policy.

5.2.b.1. Prior to submitting application, charter school applicants should verify whether any of the potential authorizers to which the applicant intends to submit an application has issued an addendum to the standard charter school application.

5.2.b.2. If any addenda have been issued, the charter school applicant must complete and timely submit the addenda with the standard charter school application form.

5.2.c. Pursuant to W. Va. Code § 18-5G-6(a)(3), authorizers have the responsibility to solicit high-quality applications for charter schools.

5.2.c.1. To fulfill this duty, authorizers must use the charter school application and accompanying materials developed by the WVDE and disseminated on the WVDE's website.

5.2.c.2. Authorizers have the option to go beyond the materials developed by the WVDE and release requests for applications (RFAs) or other forms of active solicitation for charter school applications to fulfill the legislative intent outlined in W. Va. Code § 18-5G-1 to provide options that expand educational opportunities not currently available to students in their jurisdiction. These RFAs may specify additional application requirements, forms, and criteria, but authorizers are required to use the statewide application as the core of the application. Authorizers may also highlight specific unmet educational needs or demands in their RFAs. RFAs may include but are not limited to, the following preferences for schools that:

5.2.c.2.A. Serve students with a specific special need (e.g., students with a specific exceptionality, students not on track to graduate due to insufficient credit accumulation, etc.);

5.2.c.2.B. Serve a geographic area/community where students are poorly served by current educational options;

5.2.c.2.C. Serve students in a specific set of grades or programmatic level(s);

5.2.c.2.D. Serve students with particular academic or career interests, so long as the school does not exclude students based on prior achievement or performance in the focus area;

5.2.c.2.E. Serve students using a specific pedagogy or educational philosophy not otherwise available to students in the community; and

5.2.c.2.F. Meet educational needs or demands expressed by local students and/or community members.

5.3. Evaluation of Charter School Applications.

5.3.a. Pursuant to W. Va. Code § 18-5G-6(a)(2), authorizers are to establish and maintain policies and practices consistent with professional standards for authorizers relating to the evaluation of charter school applications. To fulfill this requirement and so charter applicants are aware of the criteria to be used in evaluating applications, authorizers shall either:

5.3.a.1. Use the evaluation criteria in this policy, which were developed based on consultation with nationally recognized charter school organizations, in accordance with W. Va. Code § 18-5G-4(a), and education stakeholders; or

5.3.a.2. Adopt a policy outlining evaluation criteria that is consistent with the intent of W. Va. Code § 18-5G-1 and recognized standards for charter school authorizers.

5.3.b. If an applicant submits a single application to more than one county board of education seeking authorization, the members of each county board receiving such application shall function as a single entity in evaluating and, if the application is approved, performing the duties and responsibilities of an authorizer. If two or more school boards functioning together as a single authorizer reject the application, one or more of the individual county boards of education may subsequently approve the application so long as the physical location of the charter school is located in one of the counties where the application was approved.

5.3.b.1. If an applicant intends to submit a single application to more than one county board of education the applicant should request clarification from those county boards on the evaluation criteria that will be used by such boards when functioning as a single entity to evaluate the application prior to submission of the application. The affected county boards shall jointly provide the applicant with the evaluation criteria that will be used within 30 days of receiving the applicant's request.

5.3.c. As part of its review of a charter school application and prior to rendering a decision on the application, in accord with W. Va. Code § 18-5G-6(b), a potential authorizer shall:

5.3.c.1. Thoroughly review the contents of the application;

5.3.c.2. Conduct an in-person interview with the applicant or applicants;

5.3.c.3. Provide an opportunity in a public forum for local residents and stakeholders to provide input and learn about the proposed charter school described in the charter school application; and

5.3.c.4. Following the timeline in subsection 8.2, identify any deficiencies in an application and allow an applicant to provide additional materials, clarifications, and amendments to its application to address the deficiencies. The authorizer need only identify deficiencies and is not required to suggest appropriate steps to address application deficiencies. This is the responsibility of the charter school applicant.

5.4. Evaluation Criteria.

5.4.a. The evaluation criteria included in this policy were developed after consultation with nationally recognized charter organizations and education stakeholders. The model materials published by such organizations form the basis of the evaluation criteria in this policy. They are rooted in best practices, and aim to ensure charter schools meet the intent and requirements outlined in W. Va. Code § 18-5G-1 et seq. The criteria below are summarized at a high level. As required by W. Va. Code § 18-5G-4, the WVDE has made available on its website guidance, forms, detailed rubrics, and training on how to evaluate each application factor listed below.

5.4.b. Authorizers relying on this policy to evaluate charter school applications shall consider the following criteria at a minimum:

5.4.b.1. Educational Design Program and Capacity.

5.4.b.1.A. Education Program.

5.4.b.1.A.1. Program overview. A concise summary of the education program offered by the charter school and how it will achieve the charter school's educational mission and vision.

5.4.b.1.A.2. Curriculum and instructional design. An outline of the curricula and instructional philosophy and strategies that the charter public school plans to implement, including justification for their selection in relation to student population, educational mission, and mastery of the West Virginia College- and Career-Readiness Standards.

5.4.b.1.A.3. Pupil performance standards. An overview of the learning standards for students at the charter school and detailed explanation for how deviation from the West Virginia College- and Career-Readiness Standards exceed the rigor of those standards.

5.4.b.1.A.4. High school graduation requirements and postsecondary readiness (high schools only). A clear definition of the requirements to graduate from the charter school and how those requirements prepare a student for college, career, or other postsecondary opportunities.

5.4.b.1.A.5. School calendar and schedule. A description of the school calendar and how the charter school will meet minimum instructional time requirements, pursuant to W. Va. Code § 18-5G-3(c)(5), as applicable.

5.4.b.1.A.6. School culture. An explanation of the routines that the charter school will employ to establish the envisioned school culture and create an environment that promotes academic, social, and emotional well-being.

5.4.b.1.A.7. Supplemental programming. A thoughtful proposal for providing extracurricular and co-curricular programming, enrichment activities, and student supports, including but not limited to, interscholastic athletics, student-led clubs, summer school, and after school, if the charter school elects to offer such programming.

5.4.b.1.A.8. Special populations and at-risk students. A comprehensive plan and capacity for serving students with special needs and for meeting related federal and state law, regulations, rules, and policies.

5.4.b.1.A.9. Student recruitment and enrollment. A context-specific outreach strategy that ensures the charter school expands educational options for students in the primary recruitment area and is aligned with the status of the school as a start-up or conversion charter school.

5.4.b.1.A.10. Student discipline. A thorough discipline policy that promotes strong school culture, outlines disciplinary procedures and consequences, and protects the rights of students.

5.4.b.1.A.11. Parent and community involvement. A thoughtful set of strategies for engaging with parents/guardians and the community, including local elected officials, community leaders, and business partners, around the development, opening, and operation of the charter school.

5.4.b.1.A.12. Educational program capacity. A well-crafted plan for recruiting and retaining a school leader, with the documented background and experience necessary to be an instructional leader, as well as other key instructional staff, support staff, and operational managers with appropriate backgrounds and experience.

5.4.b.1.A.13. Conversion planning. A proposal for executing a successful conversion that offers students enrolled at the existing non-charter public school expanded educational options and is reasonably likely to result in improved student outcomes, as applicable.

5.4.b.1.B. Operations Plan and Capacity.

5.4.b.1.B.1. Governance.

5.4.b.1.B.1.(a). Legal Status and Governing Documents. A proposed legal status and structure that complies with state law and policy in accordance with W. Va. Code § 18-5G-7.

5.4.b.1.B.1.(b). Governing Board. A detailed plan for ensuring that board members meet the ethics and expertise requirements established in W. Va. Code § 18-5G-1 et seq. and this policy.

5.4.b.1.B.1.(c). Dispute Resolution Process. A clearly defined process for dispute resolution that is fair to parents/guardians, students, and staff.

5.4.b.1.B.2. Human Capital.

5.4.b.1.B.2.(a). School Staff Structure. A proposal for organizing school staff that establishes clear roles, responsibilities, and relationships among school administrators and staff.

5.4.b.1.B.2.(b). Staffing Plans, Hiring, Management, and Evaluation. A comprehensive strategy for recruiting, developing, and retaining the high-quality staff necessary to achieve the educational mission of the charter school.

5.4.b.1.B.2.(c). Professional Learning. A thoughtful approach for the induction and professional learning of school leaders, teachers, and staff to support strong and improving instruction.

5.4.b.1.B.3. Performance Management. An overview of a mission-aligned, individually-tailored performance management system that holds the charter school, its governing board, and all staff accountable and provides for continuous improvement.

5.4.b.1.B.4. Facilities (As Applicable).

5.4.b.1.B.4.(a). Public Facilities. A description of the facilities needed to achieve the charter school's educational mission and how available public facilities meet those needs.

5.4.b.1.B.4.(b). Independent Facilities. A description of the facilities needed to achieve the charter school's educational mission and how the charter school will obtain independent facilities that meet requirements.

5.4.b.1.B.5. Start-up and Ongoing Operations. A sound, detailed plan for executing start-up of the charter school and maintaining smooth school operations, including, but not limited to, areas such as school and student safety, transportation (if applicable), and insurance coverage.

5.4.b.1.B.6. Operations Capacity. A description of individual and team qualifications for executing a comprehensive operations plan that includes, but is not limited to, topics such as staffing, performance management, facilities management, professional learning, start-up plans, and general operations.

5.4.b.1.B.6.(a). ESP (If Applicable). A detailed explanation of how proposed ESPs meet the requirements of section 11.

5.4.b.1.C. Financial Plan and Capacity.

5.4.b.1.C.1. Financial Plan. A detailed proposal for start-up and multi-year operating budgets necessary to achieve the educational mission of the charter school as well as the standard operating procedures, roles and responsibilities, and contingency plans to realize sound financial management across the term of the contract.

5.4.b.1.C.2. Financial Capacity. A clear demonstration of the capacity of the governing board and school administration to execute the financial plan.

5.4.c. In evaluating charter school applications, authorizers shall consider the following criteria based on the intent outlined in W. Va. Code § 18-5G-1:

5.4.c.1. Overall Purpose and Mission of School. A clear, thorough explanation for how the educational mission and plan of the charter school will promote unique, innovative, and/or flexible educational options not available in the non-charter public schools that are accessible to students in the primary recruitment area, pursuant to W. Va. Code § 18-5G-l(b) by:

5.4.c.1.A. Creating more public-school options with high standards for student performance, pursuant to W. Va. Code § 18-5G-l(b)(l);

5.4.c.1.B. Allowing innovative educational methods, practices, and programs that result in higher student achievement, pursuant to W. Va. Code § 18-5G-l(b)(2);

5.4.c.1.C. Establishing a distinctive theme, curriculum, or mode of instruction, pursuant to W. Va. Code § 18-5G-l(b)(3) and § 18-5G-l(b)(4)(C);

5.4.c.1.D. Providing parents/guardians with options to best serve the interests or needs of their children, pursuant to W. Va. Code § 18-5G-l(b)(4);

5.4.c.1.E. Providing for expanded student, parent/guardian, and community involvement, pursuant to W. Va. Code § 18-5G-l(b)(5);

5.4.c.1.F. Utilizing exceptional levels of self-direction and flexibility to meet the robust levels of accountability expectations, pursuant to W. Va. Code §18-5G- 1(b)(6);

5.4.c.1.G. Encouraging the replication of research-based successful strategies for improving student learning pursuant to W. Va. Code § 18-5G-l(b)(7); and/or

5.4.c.1.H. Offering targeted strategies that specifically focus on students with special needs, pursuant to W. Va. Code § 18-5G-3(b)(4)(B).

5.4.c.2. Identified need.

5.4.c.2.A. A rationale for establishing the charter school that aims to better serve groups of students - characterized by geography, socio-economic state, other demographic attributes, special needs, etc. - in the local school district(s) who have been historically underserved and/or are traditionally under performing.

5.4.c.2.B. A clear explanation of how the educational mission and plan of the school will address the needs of these students, pursuant to W. Va. Code § 18-5G-8(b)(5).

5.4.c.3. Demonstrated Demand. An analysis of the sustainability of the charter school based on the current and future size of the population of school-aged children that the charter school aims to serve and the demand among this population for additional educational options beyond existing non-charter public schools. This analysis must provide reasonable evidence of sustainability, as in any business plan, and may, but is not required to, include:

5.4.c.3.A. Evidence of sufficient demand among parents/guardians and school-aged children in the local school district, primary recruitment area, and/or target underserved or underperforming student population, including surveys of school-aged children and parents/guardians and data on school-aged children currently pursuing educational options besides existing non-charter public schools; and

5.4.c.3.B. Projections of changes in demand based on factors including, but not limited to, population and demographic changes, local economic outlook, enrollment changes in surrounding non-charter public schools, interest in additional educational options, etc. that provide evidence of sufficient enrollment for the charter school to operate sustainably.

5.4.c.4. Additional criteria for conversion charter schools.

5.4.c.4.A. A survey of the interest of students, staff, and families in converting the school from a non-charter public school to a charter school; and

5.4.c.4.B. The capacity of the conversion charter school and authorizer to develop a plan and timeline for determining which students and staff will remain at the conversion charter school. The authorizer and charter school must consider how students who do not remain at the conversion charter school, for reasons including but not limited to lack of transportation, etc., will enroll in other schools. Students who do not remain at the conversion charter school must have reasonable alternative educational options. The authorizer and charter school must also develop a plan for how staff who do not remain at the conversion charter school are to be reassigned in a manner that meets personnel law, policy, and deadlines.

5.4.c.5. Additional criteria for virtual charter schools.

5.4.c.5.A. Student Orientation. A plan for orienting and communicating to virtual school students and parents/guardians clear expectations on student participation, on student performance, and what it means for a student to be engaged in learning, in attendance, and truant in the virtual setting.

5.4.c.5.B. Attendance and Engagement. A plan for measuring, monitoring, and reporting student participation in the virtual setting. The plan should include detailed strategies such as monitoring how often students are logging on, how long students are staying logged on, and what amount of log-in time is spent actively engaging in curriculum and instruction.

5.4.c.5.C. Appropriate and Actionable Intervention. A plan for how students not meeting the school's expectations for engaging and participating in the virtual setting will be identified and evaluated by the virtual school on an on-going basis, the tools that will be used for this identification and evaluation, and the frequency of the identification and evaluation. The intervention plan involves teachers, students, and parents/guardians in increasing engagement and preventing truancy.

5.4.c.5.D. Infrastructure. A plan to ensure all enrolled students have access to the online learning environment within a reasonable amount of time once they are enrolled, and how the virtual school will provide timely support in the event of technical difficulties experienced by students and/or instructors that minimizes the loss of instructional time. The plan should also outline the nature, frequency, and location of all required and optional in-person meetings and interactions between parents/guardians and school staff, including but not limited to parent/teacher conferences, open houses, and school community meetings.

5.4.c.5.E. Federal Requirements. A plan for adhering to the duties and responsibilities under all applicable federal laws and regulations, including but not limited to, IDEA, ADA, Section 504, FERPA, the Civil Rights Act, and the McKinney Vento Homeless Assistance Act. The plan should include detailed information as to how the charter school will clearly advise parents/guardians and students of their rights under each of the federal laws and any available avenues to address perceived violations.

5.5. Application Timeline.

5.5.a. Submission of Charter Application. Deadline: August 31. Charter applicants must complete applications and submit materials to potential authorizer(s) no later than August 31 in the calendar year prior to opening. Materials must be submitted in a single submission with signed confirmation by the applicant that the submission is complete.

5.5.b. Identification of Application Deficiencies. Deadline: 60 days following the date of the signed confirmation signifying complete submission of the application. Authorizers must provide written feedback to the applicant that identify application deficiencies as described in subsection 5.3.c.4 and pursuant to W. Va. Code § 18-5G-6(b)(5).

5.5.c. Revision of Charter School Application. Deadline: 15 days following the identification of application deficiencies. Applicants must provide revisions, responses, additional materials, and amendments to their original application in response to deficiencies identified by authorizers.

5.5.d. Conditional Approval or Denial Decision by Authorizer. Deadline: 15 days following revisions submission or deadline for revision submission, whichever occurs first. Any potential authorizer receiving a charter school application shall issue a decision conditionally approving or denying all applications received.

5.5.d.1. Decisions on status of charter school applications shall be based on objective criteria, as defined in subsection 5.4. The WVBE established these criteria pursuant to W. Va. Code § 18-5G-4 and § 18-5G-6(b)(6).

5.5.d.2. Pursuant to W. Va. Code § 18-5G-6(d), failure of a potential authorizer to render a decision on a charter school application by the statutory deadline is statutorily deemed a conditional approval of the application.

5.5.d.3. The decision shall be rendered in an open public meeting and shall include a detailed explanation stating the reasons for the approval or denial.

5.5.d.4. The decision on a charter school application shall be reduced to writing, inclusive of a detailed explanation for the decision. The written decision, as well as charter school applications conditionally approved by virtue of lack of action by an authorizer, shall promptly be provided to the charter applicant and the WVDE.

5.5.d.5. Upon satisfaction of any incomplete items (e.g., obtaining 501(c)3 status) in a conditionally approved charter school application or resulting charter contract, an authorizer shall issue final approval of the charter school application. It is the responsibility of the applicant and/or governing board to promptly provide the authorizer appropriate documents once items are complete.

5.5.e. Execution of Charter Contract. Deadline: 90 days following conditional approval of charter application. Authorizers and charter applicants receiving conditional approval, subject to any additional review required, are to work diligently to negotiate in good faith, agree, and execute a charter contract satisfying the requirements of W. Va. Code § 18-5G-9 and section 6.

5.5.e.1. So long as both parties are negotiating in good faith, contract negotiations may continue beyond the contract execution deadline unless both parties agree to cease negotiations. However, if the charter contract is executed after March 15, the approved charter school cannot open until the following school year. For example, if the contract is executed in April 2022, the school cannot open until the 2023-2024 school year.

5.5.e.2. Prior to the start date for students for any charter school in this state, a charter contract must be executed by authorizer and the charter school's governing board. A copy of the executed charter contract shall be provided to the State Superintendent of Schools.

5.6. Statutory Limit on Authorized Charter Schools.

5.6.a. Pursuant to W. Va. Code § 18-5G-l(g), the total number of charter schools authorized and in operation under an approved charter contract is limited to 10 until July 1, 2023.

5.6.a.1. Beginning July 1, 2023, and every three years thereafter, an additional 10 charter schools may be authorized and in operation under an approved charter contract.

5.6.b. Pursuant to W. Va. Code § 18-5G-14(a)(l), two statewide virtual charter schools may be authorized by the Professional Charter School Board and shall not count against the statutory limit.

W. Va. Code R. § 126-79-5