140. CHARTER SCHOOLS - Pg. 1

140. CHARTER SCHOOLS - Pg. 1

140. CHARTER SCHOOLS
1.Purpose
SC 1702-A / In order to provide students, parents, and community members with an opportunity to establish and maintain schools that operate independently from this School District, the Board shall evaluate applications submitted for charter schools in accordance with the requirements of Act 22 of 1997 and those established by the Board.
The Board shall honor the legislative intent of Act 22 to accomplish all of the following:

1. Improve pupil learning.

1. Increase learning opportunities for all pupils.

1. Encourage the use of different and innovative teaching methods.

1. Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site.

1. Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.

1. Hold the schools, established under the act, accountable for meeting measurable academic standards and provide the schools with a method to establish accountability systems.

The Board and administration shall work cooperatively with individuals and groups submitting proposals and applications for charter schools.
2.Definitions
SC 1703-A
1717-A
1715-A / CharterSchool shall mean an independent, nonsectarian public school established and operated under a charter from the local Board of School Directors and in which students are enrolled or attend. A charter school shall be organized as a public, nonprofit corporation; and charters shall not be granted to any for-profit entity nor to support home schooling programs.
There shall be three (3) kinds of charter school:

1. A new one in the School District.

1. One where a single building in the School District shall be turned-in whole or part-into a charter school. A majority of the teaching staff and a majority of the parents or guardians in the school shall sign a petition supporting the conversion to a charter school. The School District shall provide alternative arrangements for students who choose not to attend the charter school.

1. A regional charter school involving more than one (1) school district; however, the application shall require an affirmative vote of a majority of all of the school directors of each of the school districts involved.

SC 1703-A / Board of Directors (and Board) shall mean the Board of School Directors of the MuncySchool District.
Board of Trustees shall mean the governance entity of a charter school; and the trustees shall be classified as public officials.
Appeal Board shall mean the State Charter School Appeal Board established by the Charter School Law.
3.Guidelines / Any student who is eligible for a free public school education shall also be eligible for a free charter school education on a space-available basis. The order of preference in a charter school shall give first priority to children who reside in the sponsoring District(s) and then to nonresidents. At the option of the charter school, children of parents who actively participate in the development of the charter school and/or siblings of students already enrolled in the charter school may be given priority status in admissions.
SC 1310
Title VI, Title IX
20 U.S.C.
Sec. 794
34 CFR
104.31-37
Title 22
Sec. 5.217
29 CFR
P.L. 101-336
P.L. 105-17
I.D.E.A.
42 U.S.C.
Sec. 12101
et seq / Charter schools shall not discriminate in enrollment based on race, national origin, gender, intellectual ability, measures of achievement or aptitude, disabilities, athletic ability, or proficiency in English. However, charter schools may limit admission to particular grade levels or areas of concentration such as mathematics, science, or the arts.
A charter school shall provide a minimum of 180 days of instruction or 900 hours per year of instruction at the elementary level, or 990 hours per year of instruction at the secondary level.
A charter school may be established by an individual; one or more teachers who will teach at the proposed charter school; parents or guardians of students who will attend the charter school; any nonsectarian college, university, or museum located in this Commonwealth; any nonsectarian corporation not-for-profit; any corporation; association; partnership; or any combination thereof. The charter school shall be nonsectarian in all operations and shall not provide religious instruction or display religious objects and symbols on the premises of the school.
Pol. 248 / The charter school shall fulfill the requirements of all applicable State and Federal laws and regulations. The charter school shall comply with the human relations and sexual harassment policies of the School District.
Application
SC 1717,
1719-A / Applications for charter school shall contain all the information specified in the Charter School Law and in the District's charter school application form. Applications for charter schools shall be submitted to the Board Secretary, Muncy School District Office, 46 S. Main St., Muncy, PA17756. The application shall be considered to have been officially received when notice about it is given at the next regularly scheduled Board meeting following submission to the Board Secretary. The Board Secretary and the Superintendent shall assist applicants with plans for technical assistance and contracted services which may be provided by the School District.
November 15 shall be the deadline for submission of an application to establish a charter school in the following academic year. Within forty-five (45) days of receipt of an application at the next regularly scheduled Board meeting following submission of the application to the Board Secretary, the School District shall hold at least one (1) public hearing to consider the application. After at least forty-five (45) days but not later than seventy-five (75) days following the first public hearing on the application, the Board of School Directors shall grant or deny the application.
SC 1717-E
1717-F
65 P.S.
271 et seq / The Board shall ensure that each charter school application provides appropriate assurances of compliance with the requirements established by the Board. A charter school application shall be approved or denied by a majority vote of all Board members at a public meeting, in accordance with the provisions of the Sunshine Act. Written notice of the Board's decision shall be sent to the applicant, the Department of Education, and the Appeal Board, including reasons for denial and a clear description of application deficiencies if the application is denied. The Board shall evaluate denied applications that are revised and resubmitted. After July 1, 1999, a charter school may appeal charter denials to the Charter School Appeal Board if a sufficient and timely petition is approved by the court of common pleas.
SC 1720-A / Upon approval of a charter application, the Board and the charter school's Board of Trustees shall sign the written charter, which shall be binding on both. The charter shall be for a period of three (3) to five (5) years and may be renewed for five-year periods by the Board.
SC 1728-A
1728-B / The Board shall annually assess whether each charter school is meeting the goals of its charter and shall require each charter school to submit the following reports: a monthly attendance report: a semiannual report by February 1; and an annual report not later than August 1 of each year. The Board shall conduct a comprehensive review prior to granting a five-year renewal of the charter.
SC 1728-A / The Board shall have ongoing access to the records and facilities of the charter school to ensure that the charter school is in compliance with its charter, Board policy, and applicable laws. In cases where the health or safety of the charter school's students, staff, or both are a serious risk, the Board may take immediate action to revoke a charter.
The Board may revoke a charter or refuse to renew it for any of the following reasons:
SC 1729-A /

1. One or more material violations of the conditions, standards, or procedures contained in the written charter.

1. Failure to meet the requirements for student performance set forth in Chapter 5 of the State Board of Education Regulations or subsequent regulations enacted to replace Chapter 5, or failure to meet any performance standard set forth in the written charter.

1. Failure to meet generally accepted standards of fiscal management or audit requirements

1. Violation of provisions of Act 22, the Charter School Law.

1. Violation of provisions of law from which the charter school has not been exempted, including federal laws and regulations governing children with disabilities.

1. The charter school has been convicted of fraud.

SC 1729-A (6) (c) / The notice of revocation or nonrenewal of a charter given by the Board shall state the grounds for such action, with reasonable specificity, and shall give reasonable notice to the governing Board of the charter school of the date on which a public hearing concerning the revocation or nonrenewal will be held. The Board shall conduct the hearing and shall present evidence that supports the grounds for revocation or nonrenewal given in its notice. The charter school shall be given a reasonable opportunity to offer testimony before final action is taken. Formal action revoking or not renewing a charter shall be taken by the Board at a public meeting pursuant to the Sunshine Act and after the public has had thirty (30) days to provide comments to the Board. Although decisions of the Board shall not be subject to judicial review, after July 1, 1999, a charter school may appeal its revocation or nonrenewal to the Charter School Appeal Board.
Personnel
SC 1724-A (a) / At least seventy-five percent (75%) of the professional staff of a charter school shall have State certification. Employees of a charter school may organize for collective bargaining; however, bargaining units of a charter school shall be separate from any bargaining unit of the School District. All employees of a charter school shall be enrolled in the Public School Employees' Retirement System, unless at the time of the charter application, the charter school has a retirement program that covers the employees or the employee is currently enrolled in another program. The charter school shall be considered a School District for the purpose of making the employer contribution to the retirement and Social Security systems.
SC 1724-A (d) / Employees of a charter school shall be provided the same terms and conditions with regard to health insurance as the collective bargaining agreement of the School District, to include employee contributions to the District's health benefits plan. While it is permissible, the School District is not required to allow charter school employees to participate in District healthcare plans.
SC 1724-A(e) / Public school employees may request a leave of absence for up to five (5) years to work in a charter school located in the School District or in a regional charter school in which the School District is a participant. The Board shall not unreasonably withhold approval for such a leave. Temporary professional or professional employees who leave a charter school shall have the right to return to comparable, but not identical, positions in the School District for which they are properly certified -"teachers" shall be returned to teaching positions. Temporary professional or professional employees shall continue to accrue seniority in the School District if they return there when their leaves end. The Board at its discretion may grant tenure to a temporary professional employee on leave from the District to teach in a charter school, upon completion of the appropriate probation.
SC 1724-A (2) (i) / All individuals in a charter school who have direct contact with students shall be required to submit a report of criminal history record information prior to accepting a position with the charter school. This requirement shall also apply to individuals who volunteer to work on a full-time or part-time basis at the charter school. These same requirements apply to the official clearance statement regarding child injury or abuse from the Department of Public Welfare. An employee returning to the School District from a leave of absence to work in a charter school shall be required to provide current criminal history and child abuse background checks prior to being reinstated.
Financial Support
SC 1725-A / For each resident student who transfers to a charter school, the School District shall provide to the charter school an amount of money, termed "selected expenditures" per student, based on the District's own costs less expenses that are not applicable to charter schools. The six (6) specified items which are required in the calculation of selected expenditures shall be taken from the District's annual financial report; special education (AFR account #1200); adult education (AFR account #1600); community/junior college (AFR account#1700); student transportation (AFR account #2700); facilities acquisition, etc. (AFR account #4000); debt services and other financing (AFR account #5000). The District's average daily membership shall be taken from enrollment records.
The calculation of total selected expenditures shall be: total expenditures less the six (6) specified items. The selected expenditure total shall then be divided by the District's average daily membership to arrive at the cost that the District must spend (selected expenditure per ADM) for each regular education student attending a charter school.
The amount payable for special education at a charter school shall be additional to the regular education amount. The School District receives State aid based on a formula that assumes fixed percentages of students with disabilities: one percent (1%) severely impaired and fifteen (15%) mildly impaired. A charter school, however, is entitled to increased funding from the School District as larger numbers of students with disabilities are identified. The District's financial support for a charter school shall be a portion of the District's total special education expenditure, not just its State funding for special education.
The calculation of special education support for a charter school shall be: the District's total ADM multiplied by sixteen (16%). This figure, in turn, shall be divided into the District's total special education outlay. Each student with disabilities who attends a charter school shall generate the amount of funding for a regular education student plus the amount for special education.
In the event that the State funding percentage or formula is amended, the calculation for funding for special education students attending a charter school shall be revised accordingly, in accordance with the amendment.
The charter school, not the School District, shall be responsible for the cost of providing the services needed by special education students who are enrolled in the charter school. This responsibility shall include the cost of placement out of the charter school if the charter school agrees that the child needs outside placement.
Charter school students shall be entitled to participate in extracurricular activities in the School District if the particular activity is not offered by the charter school. The School District shall require the charter school to reimburse the School District for the cost of such participation.
In addition to the funding received from School Districts, charter schools shall be authorized to receive and use grants, bequests, endowments, gifts, and donations of real and personal property. No one associated with a charter school shall demand or request a gift, contribution, or donation from any parent, teacher, employee, or other person as a condition of employment or for continued attendance of a student at a charter school. Charter schools shall not be permitted to charge tuition.
SC 1726-A / The School District shall provide transportation for resident students to charter schools located within the District. For students enrolled in a charter school outside the District's boundaries, transportation shall be provided in accordance with law.
Charter schools may construct their own facilities, but they shall not do so with public funds received from the School District or the State Department of Education.
SC 1727-A / The Board affirms that the Board of Trustees and the charter school shall be solely liable for any and all damages and costs of any kind resulting from any legal challenges involving the operation of the charter school. The Board of School Directors shall not be held liable for any activity or operation related to the program of a charter school.
The charter school shall execute a "hold harmless" agreement indemnifying and insuring/agreeing to defend the School District in any and all kinds of liability areas so that the School District is protected in any litigation related to the operation of a charter school.
A charter school is a separate business entity and shall carry its own insurance policies for property, liability, automobile, professional liability, and workers' compensation. If the charter school leases space from the School District, the charter school's general liability coverage shall name the School District as an additional insured. The charter school shall carry property insurance for the replacement value of the leased/rented portion of the District's building, with the School District listed on the policy as the named insured.
The charter school shall adequately protect against liability and risk through an active risk management program approved by the Board. The program shall include proof of purchase of insurance coverages as required by the Board. Minimum coverages and levels of appropriate coverages shall be established in the charter. A charter school shall operate in a manner that minimizes the risk of injury and harm to students, employees, and others.
ATTACHMENT: CharterSchool Application and Agreement

Page 1 of 8