DAR File No. 30094

Education, Administration

R277-481

Charter School Accountability and Assistance

NOTICE OF PROPOSED RULE

DAR File No.: 30094
Filed: 06/14/2007, 03:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because amendments to Rule R277-470, Charter Schools, currently in process, now includes accountability and assistance language making this rule unnecessary. (DAR NOTE: The proposed amendment to Rule R277-470 is under DAR No. 30092 in this issue, July 1, 2007, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3), and Sections 53A-1a-509 and 53A-1a-510

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The accountability and assistance language of this rule is added to Rule R277-470.

local governments:

There are no anticipated costs or savings to local government. The accountability and assistance language of this rule is added to Rule R277-470.

other persons:

There are no anticipated costs or savings to other persons. The accountability and assistance language of this rule is added to Rule R277-470.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The accountability and assistance language of this rule is added to Rule R277-470.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

[R277-481. Charter School Accountability and Assistance.

R277-481-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Charter schools" means schools acknowledged as charter schools by local boards of education under Section 53A-1a-515 and this rule or by the Board under Section 53A-1a-505.

C. "Chartering entity" means the Board or a local board of education, whichever approves the school's charter.

D. "Remediation plan" means a plan agreed to jointly between the chartering entity and a charter school. The plan shall identify operational inconsistencies with the school's charter or evidence of noncompliance with law, rules or district policies and methods and timelines for correcting the inconsistencies or noncompliance.

E. "Review Committee" means a group designated by the Board and assigned to review Board-chartered schools composed of representatives from at least the following:

(1) the Board;

(2) the district in which the charter school is located;

(3) USOE;

(4) parent(s) designated or approved by the State PTA president; and

(5) individual(s) designated by the governing board of the charter school under review.

F. "USOE" means the Utah State Office of Education.

 

R277-481-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution, Article X, Section 3 which vests general control and supervision over public education in the Board; Section 53A-1a-509 which requires annual progress reports from charter schools and provides for remedying deficiencies of charter schools by the Board; Section 53A-1a-510 which provides for termination or nonrenewal of a charter by the Board; Section 53A-1a-516 which provides for assistance to charter schools by the Board to the extent of funds available; and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish procedures for annual accountability of all charter schools and for onsite reviews of charter schools.

 

R277-481-3. Annual Progress Reports from Charter Schools.

A. A charter school governing board shall provide an annual progress report to:

(1) the school district in which the school is located;

(2) the Board; and

(3) the Legislature through the Education Interim Committee.

B. The report shall at a minimum include:

(1) a narrative describing the school's progress toward achieving its goals as described in the school's charter;

(2) financial records of the school, as required by Section 53A-1a-509(2)(b);

(3) the school's annual state performance report consistent with Section 53A-1-601 through 53A-1-611; and

(4) student enrollment information, as required and reported to the USOE.

C. All charter school assurances shall be maintained by the school and shall be available in a timely manner for review, upon request.

D. The report shall be provided annually before November 1.

 

R277-481-4. Charter School Reviews.

A. A Review Committee shall conduct site visits to Board-chartered schools.

B. The Review Committee shall submit its findings in writing to the Board and the charter school's governing board in a timely manner following the review.

C. Board-chartered and local board-chartered schools shall receive onsite visits at least:

(1) after the first three months of operation;

(2) during the third year of operation; and

(3) every fifth year thereafter.

D. A Board-chartered school that is under a plan for remediation shall be visited at least annually by a Review Committee.

E. Local boards that charter schools shall establish procedures and timelines to review charter schools. Local boards shall establish a local review committee or may request technical assistance of the Review Committee established under R277-481-1E.

 

R277-481-5. Notice of Noncompliance.

A. A Board-chartered or local board-chartered school that is found by the Review Committee or a local review committee through an annual progress report to be out of compliance with its charter shall be notified of the problems identified.

(1) The school shall be notified by certified mail within 30 days of the conclusion of the Review Committee or local review committee visit or the identification of the deficiency(s) and only following review and approval by the Board or local board of the Committee's findings.

(2) The notification shall include an explanation of the identified noncompliance.

(3) The governing board of a charter school shall have an opportunity to meet with appropriate representatives of the chartering entity to discuss the identified problems.

B. The charter school shall have at least 60 days following the written notification to demonstrate remediation of the identified noncompliance issues.

C. The chartering entity may designate a longer remediation period for some or all identified noncompliance issues. The remediation period shall provide for an education program for the charter school students that is consistent with state law.

D. Following a meeting between the Review Committee, and additional Board members, and USOE staff, the finding of noncompliance, as approved by the Board, is a final administrative determination.

E. A Board-chartered school may request technical assistance from the USOE to remedy deficiencies. The school remains primarily responsible to remedy deficiencies.

 

R277-481-6. Amending a Charter.

A. A charter may only be modified consistent with Section 53A-1a-508(4).

B. Any and all amendments to a charter shall be in writing and shall only become effective following approval by a majority of members of the chartering entity and the governing board of the charter school.

C. The chartering entity shall approve or reject proposed charter amendment(s) in a timely manner.

D. A charter school shall have an opportunity to discuss proposed amendments to the charter with the chartering entity prior to action on proposed amendment(s).

E. Absent agreement between a chartering entity and a charter school governing board concerning proposed amendments, a charter may not be amended.

 

R277-481-7. Compliance With and Termination of Charters.

A. The Board may terminate a Board charter immediately, consistent with Section 53A-1a-510(3)(a).

B. The Board may terminate a Board charter following a Review Committee review or official notification from the Board, and a meeting, if requested, by the charter school's governing board for reasons identified in Section 53A-1a-510(1).

C. The school's governing board shall be notified consistent with Section 53A-1a-510(2) and shall have the opportunity for an appeal of the decision consistent with Section 53A-1a-510(2)(b).

D. If a charter is terminated, students shall receive educational services as provided under Sections 53A-1a-510(3)(b) and 53A-1a-510(4)(a).

E. Local boards that grant charters shall assure compliance with approved charters and have responsibility to terminate charters under Section 53A-1a-15(7) which specifies minimal procedures that shall be followed by local boards.

F. It is the responsibility of local boards to visit and review local board-chartered schools.

G. Chartering entities may consider all reasonable alternatives and provide all assistance possible to the extent of resources available prior to termination of a charter.

 

KEY: education, charter schools

Date of Enactment or Last Substantive Amendment: October 16, 2002

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1a-509; 53A-1a-510; 53A-1a-516; 53A-1-401(3)]