W. Va. Code R. § 126-79-6

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

Section 126-79-6 - Charter Contract

6.1. Purpose.

6.1.a. The charter contract outlines the expectations of both the charter school and the authorizer. It delineates the working relationship between the charter school and its authorizer.

6.1.a.1. A charter contract should provide clear boundaries around the authority and influence that an authorizer has over the day-to-day operations of a charter school. By doing so, it affords the charter school the autonomy necessary to offer students new and diverse educational options.

6.1.a.2. At the same time, a charter contract must define the expectations that a charter school must meet to continue operating, including but not limited to consistently meeting acceptable financial and operational performance metrics. Contracts should define the immediate consequences for failing to meet these expectations. The contract should also define expectations for student outcomes that define a charter school's long-term success and help the authorizer determine whether the charter contract warrants renewal.

6.2. Pursuant to W. Va. Code § 18-5G-9, the charter contract must be negotiated, agreed to, and executed by the authorizer and the charter applicant prior to the commencement of any charter school operations. The parties to a charter contract may incorporate all or part of the charter application into the charter contract. At a minimum, the following items must be addressed in the charter contract. A template charter contract will be available on the WVDE's website. The template contract may be modified as deemed appropriate by the parties to a charter contract, so long as the required items below are addressed;

6.2.a. The term of the initial contract which shall be no longer than five years. Pursuant to W.Va. Code § 18-5G-14(a)(3), the term of the initial contract for a virtual charter school shall be five years.

6.2.b. The agreements relating to each specific item required in the charter school application identified in section 4.

6.2.c. The acknowledgments included in the charter school application identified in section 4.

6.2.d. A shared understanding of the charter school's plans for contracting with ESPs and descriptions of the specific services that any ESPs will provide.

6.2.e. The rights and duties of the parties to the charter contract, which shall not contradict section 7.

6.2.f. The administrative relationship between the authorizer and the charter school.

6.2.g. The process the authorizer will use to provide ongoing oversight, consistent with professional standards.

6.2.h. The specific plan or protocol the charter school will use to ensure students receive FAPE in the least restrictive environment (LRE), including but not limited to clear written communication to parents/guardians of students with lEPs about the charter school's responsibilities to such students and recourse options available when families do not agree with the decision of an IEP team or services provided. As its own local education agency (LEA), pursuant to W. Va. Code § 18-5G-5(c), a charter school's responsibilities are generally the same as any other LEA and include implementing child find and conducting periodic evaluations and reevaluations, developing reviewing, and revising lEPs, and providing or arranging for the provision of required special education or related services in the child's LRE, affording eligible children and their parents/guardians procedural safeguards and due process rights, and complying with the confidentiality of information requirements. Ultimately, agreements shall ensure that children with an exceptionality and their parents/guardians are afforded all rights and protections specified in IDEA that they would have received if the child were enrolled in another public school program.

6.2.i. The process and criteria the authorizer will use to annually monitor and evaluate the overall academic, operating, and fiscal conditions of the charter school, including the process and timeline the authorizer will use to oversee the correction of any deficiencies found.

6.2.j. The recourse available should either of the parties fail to adhere to their contractual duties or responsibilities outlined in this policy or state code.

6.2.k. The process for considering a renewal application and the conditions that would justify the non-renewal of a charter contract, which both shall comply with section 8. At a minimum, the charter contract must include:

6.2.k.1. The right for parties to be represented by counsel at all meetings, hearings, and interactions between the governing board and the authorizer.

6.2.k.2. The amount of time, but not later than June 30 preceding the final school year of a charter school's contract, in which the authorizer shall notify the public charter school of the prospect that the charter contract may not be renewed and the reasons for the potential non-renewal.

6.2.k.3. A time period of at least 60 days, but prior to the submission of a renewal application, for the governing board to provide a response to the proposed non-renewal.

6.2.k.4. An opportunity during the renewal application process for the governing board to submit documentation and provide testimony as to why the charter contract should be renewed.

6.2.k.5. An opportunity during the renewal application process for the governing board to request a recorded public hearing.

6.2.k.6. The authorizer's responsibility to consider a governing board's response, documentation, and testimony as to why the charter contract should be renewed, and the recorded public hearing, if requested, prior to rendering a final decision to renew or non-renew the charter contract.

6.2.k.7. The information that must be included in the authorizer's final decision if it determines not to renew the charter contract.

6.2.k.8. The statutory timeline for an authorizer to render a final decision on whether or not to renew a charter contract.

6.2.k.9. The authorizer's responsibility to adopt a resolution detailing whether the renewal application was approved or denied during an open meeting.

6.2.k.10. Pursuant to W. Va. Code § 18-5G-9(d)(10), a provision that the failure for the authorizer to act on a renewal application within the contractual and statutory timeframes shall be deemed an approval of the renewal application.

6.2.l. The process the authorizer, governing board, and charter school will follow in the event of closure of the charter school, subject to section 8.

6.2.m. The process for any revisions or amendments to the terms of the charter contract agreed to by the authorizer and the governing board.

6.2.n. The process agreed to by the authorizer and the governing board, that identifies how disputes between the authorizer and the governing board will be handled.

6.2.o. The indicators, measures, and metrics that comprise the Accountability Plan defined in section 3. The authorizer will use the Accountability Plan to measure the performance of the charter school and inform renewal decisions. Pursuant to W. Va. Code § 18-5G-9(c), the contractual performance measures may build upon those outlined in the charter school application and must include, at a minimum, the following:

6.2.o.1. The indicators included in state accountability for all public schools in West Virginia, including disaggregated indicators for student subgroups;

6.2.o.2. Student proficiency or overall achievement, if not included in state accountability;

6.2.o.3. Student growth or progress, if not included in state accountability;

6.2.o.4. The achievement gaps in both student proficiency or achievement and student growth between student subgroups, including race, sex, socioeconomic status, and areas of exceptionality, if not included in state accountability;

6.2.o.5. Student attendance, if not included in state accountability. For virtual charter school contracts, the parties to the contract should contact the WVDE Office of Federal Programs to ensure that the indicator to be included in the contract for student attendance complies with the state's approved plan under the Every Student Succeeds Act;

6.2.o.6. Student suspensions, if not included in state accountability;

6.2.o.7. Student withdrawals;

6.2.o.8. Student retention/turnover within a year and from year to year;

6.2.o.9. Governing board's performance and stewardship, including compliance with all applicable statutes and terms of charter contract; and

6.2.o.10. Demographic makeup in comparison to the demographics of the community the charter school aims to serve as defined by non-charter public schools overlapping the primary recruitment area of the charter school, non-charter public schools under the jurisdiction of the county board(s) of education where the charter school is proposed to be located, and/or another reasonable and agreed upon definition.

6.2.p. The authorizer and governing board may also agree to include any other additional valid and reliable indicators as necessary or desired.

6.2.q. Any other terms and conditions agreed upon by the authorizer and the governing board, including preopening conditions for the charter school.

6.3. Amendments to a duly executed charter contract must be in writing and agreed upon by all parties to the charter contract.

W. Va. Code R. § 126-79-6