Resources

Charter school application process

January 29, 2010

Many school districts throughout the state may be receiving charter school applications this spring. The process for how to approach a charter school application is fairly regimented and dictated by law. The synopsis below will simplify the process. The requirements below are statutory, but check your own policies, as they can alter some of time limits and information required.

A downloadable application chart (18k) takes you through the steps required during the charter school application process.

Overview

Apply - A charter group develops an application with all the information required by law. The application is submitted to the District.
Determine Completeness - Within 15 days of receipt of an application, the District must determine whether the application covers all required content.
Public Meeting - The school board holds a public meeting to discuss the proposed charter school. The purpose of the meeting is to receive public input on the proposed charter school. The meeting must be within 60 days of receiving the application.
Evaluate - The school board evaluates the application. The evaluation criteria is prescribed by law. The school board must accept or deny the application within 30 days.
Approve: If the school board approves the application, then a Charter Agreement is negotiated.
Negotiate - The school board and the charter group negotiate a Charter Agreement.
Deny: If the school board denies the application, then the charter group may resubmit an application. Notice of denial is sent to the charter group. The notice must contain suggestions for improvement. The charter group may resubmit the application within 20 days of receipt of the notice.
Resubmit - The applicant may resubmit a proposal.

Apply

The law recommends that charter groups consult with the school district before submitting an application. The application must be submitted at least 120 days prior to the proposed date of operation. (ORS 338.055(3)).

Determine Completeness

An applicant seeking to start a public charter school must submit a written proposal. The proposal must be submitted to the school district and the State Board of Education. The school district must notify the applicant about the completeness of the proposal within 15 business days of receipt of the proposal. Proposals that inadequately address required components are not complete and may be returned to the applicant. (ORS 338.045(1),(4); OAR 581-020-0301(1)). At a minimum, the proposal must:

Identify the applicant
State the school’s name and location
State the term of the charter
Describe the governance structure
Describe the school’s philosophy and mission
Describe distinctive learning and teaching techniques
Describe the curriculum
Describe the expected results of the curriculum
Identify measuring and reporting that will evidence educational growth
Project the enrollment
Identify the target population and admission policies
Include applicable laws and rules
Include disciplinary standards and procedures
Include a budget and financial plan
Include the proposed school calender
Describe proposed staff and required qualifications
Include a beginning operating date
Include arrangements for special education and related services
Describe the procedure for community involvement
Identify a plan for bonding and insuring
Propose a plan for employee and student placement upon dissolution, and
Describe the review and fiscal audit. (ORS 338.045(2)(a-w); OAR 581-021-0333(1)).

Public Meeting

Within 60 days after notification of a complete proposal, the school board must hold a public hearing about the provisions of the proposal. (ORS 338.055(1); OAR 581-020-0301(3)).

Evaluate

The school board must approve or deny the application within 30 days after the public hearing. The board’s evaluation assesses established criteria. The following criteria must be evaluated:

The degree of support from charter school teachers, parents and students
The financial stability of the charter school, including the demonstrated ability to have a sound financial management system in place at the time the school begins operations
The applicant’s ability provide comprehensive instructional programs pursuant to the proposal
The applicant’s ability to provide instructional programs to academically low-achieving students,
The proposal’s inclusion of required criteria set out above, and any extra requirements your district policy requires charter applications to include as well
The school’s adverse impact on the quality of public education offered to students in the district
The arrangements for special education and related services, and
The alternative arrangements for students and employees who choose not to attend the charter school. (ORS 338.055(2)(a-h), (3); OAR 581-020-0301(4)(a-h), (5); OAR 581-021-0333)

The school district board must approve or deny the proposal within 30 days after the public hearing:

Approve and Negotiate

If the proposal is approved, then the board must notify the charter group in a written notice. After notice of approval, the school board and the charter group negotiate a Charter Agreement. (338.055(3); OAR 581-020-0301(5)).

The school board and the charter group negotiate a Charter Agreement. A Charter Agreement is a contract between the school board and the charter school. It establishes the rights and obligations of both parties.

Deny and Resubmit

If the proposal is denied, then a written notice of denial must be sent to the applicant. The written notice must state the reasons for denying the proposal. If the district advises remedial measures for the applicant to follow, then the remedial measures must be stated in the writing. (338.055(3),(4); OAR 581-030-0301(5)).

After denial, the applicant may resubmit a proposal. The resubmitted proposal must be sent to the school district and the State Board of Education. The resubmitted proposal should address: (1) the board’s reasons for denial and (2) the board’s suggested remedial measures. The board must approve or deny the re-submission within 20 days after receiving it. If the re-submission is denied, then the applicant can appeal the decision with the State Board of Education. (ORS 338.055(4); OAR 581-020-0301(6), (7), (8)).

For more information contact Morgan Smith at 800-578-6722 or via e-mail at msmith@osba.org.

Charter schools frequently asked questions