FILE:  IDH

CHARTER SCHOOLS

TYPES OF CHARTER SCHOOLS

1. A Type 1 charter school is a new school operated as the result of and pursuant to a charter between the nonprofit corporation created to operate the school and a local School Board.
   
   

2. A type 1B charter school is a new school or a preexisting public school operated as the result of and pursuant to a charter between the nonprofit corporation created to operate the school and a local charter authorizer.
   
   

3. A Type 3 charter school is a preexisting public school converted and operated as the result of and pursuant to a charter between a nonprofit corporation and the local School Board.
   
   

4. A type 3B charter school is a former type 5 charter school transferred from the Recovery School District to the administration and management of the transferring local school system.
   
   

5. A Type 4 charter school is a preexisting public school converted and operated or a new school operated as the result of and pursuant to a charter between a local school board and the State Board of Elementary and Secondary Education.

Charter School Application and Approval Process

Charter School Authorizers

1. Local school boards authorize the operation of type 1, type 3 and type 3B charter schools.

Local School Board Authorizing Responsibilities

1. Local school boards, as the authorizer of Type 1 and Type 3 charter schools, have the following authorizing responsibilities:

1. 1. except as otherwise provided herein relating to local school systems in academic crisis, to review and formally act upon each charter proposal within 90 days of its submission and in the order in which submitted.  In conducting such a review, the local school board shall determine whether each proposed charter complies with the law and rules, whether the proposal is valid, complete, financially well-structured, and educationally sound, whether it provides for a master plan for improving behavior and discipline in accordance with La. Rev. Stat. Ann. §17:252, whether it provides a plan for collecting data in accordance with La. Rev. Stat. Ann. §17:3911, and whether it offers potential for fulfilling the purposes of the law;
      
      

   2. engage in a transparent application review process that complies with the latest Principles and Standards for Quality Charter School Authorizing, as promulgated by the National Association of Charter School Authorizers, and shall provide for an independent evaluation of the charter proposal by a third party with educational, organizational, legal, and financial expertise;
      
      

   3. make public through its website, and in printed form upon request, the guidelines for submitting a charter proposal, all forms required for submission of a charter proposal, the timelines established for accepting and reviewing charter proposals, the process that will be used to review charter proposals submitted to the Board, and the name and contact information for a primary point of contact for charter proposals;
      
      

   4. prior to approving a charter for a Type 1 or Type 3 school, to hold a public meeting for the purpose of considering the proposal and receiving public input.  Such meeting shall be held after reasonable efforts have been made by the local School Board to notify the public of the meeting and its content.

Local School Board Duties

1. Local School Boards have the following duties relating to charter schools:

1. 1. to report any charter entered into and to report the number of schools chartered, the status of those schools, and any recommendations relating to the charter school program to BESE no later than July 1 of each year;
      
      

   2. provide each charter school with the criteria and procedures that will be used when considering whether to renew a school’s charter;
      
      

   3. to notify the chartering group in writing of any decisions made relative to the renewal or nonrenewal of a school’s charter not later than January 31 of the year in which the charter would expire.  A notification that a charter will not be renewed shall include written explanation of the reasons for such non-renewal;
      
      

   4. to make available to chartering groups any vacant school facilities or any facility slated to be vacant for lease or purchase at up to fair market value. In the case of a type 1B or a type 2 charter school created as a result of a conversion, the facility and all property within the existing school shall also be made available to the chartering group.  In return for the use of the facility and its contents, the chartering group shall pay a proportionate share of the local school board’s bonded indebtedness to be calculated in the same manner as set for in La. Rev. Stat. Ann. §17:1990(C)(2)(a)(i).  If such facilities were constructed at no cost to the local School Board, then such facilities, including all equipment, books, instructional materials, and furniture within such facilities, shall be provided to the charter school at no cost.
      
      

   5. if requested by a charter school, provide transportation services to a charter school student pursuant to La. Rev. Stat. Ann. §17:158.

1. 1. 1. The charter school shall reimburse the local School Board for the actual cost of providing such transportation unless an amount less than the actual cost is agreed upon by both parties.

Charter School Application and Approval Process

Organization of Nonprofit Corporation

1. A nonprofit corporation may be formed for the purpose of submitting a charter school by:

1. 1. a group of three or more teachers;

   2. a group of 10 or more citizens;

   3. a public service organization;

   4. a business or corporate entity registered to do business in Louisiana pursuant to law, excluding any business or corporate entity subject to the provisions of La. Rev. Stat. Ann. §18:1505.2(L) as provided in La. Rev. Stat. Ann. §18:1505.2(L)(3);

   5. a Louisiana college or university, licensed by the Board of Regents, pursuant to La. Rev. Stat. Ann. §17:1808;

   6. the faculty and staff of any city or parish public school or any local School Board; or

   7. the Department of Education, subject to approval of BESE.

Existing Public Schools Converting to Charter Schools

1. Prior to applying for a Type 3 charter school, which proposes to be a school converted from a preexisting public school to a charter school, an applicant must receive approval from the professional faculty and staff of the pre-existing school and the parents or guardians of children enrolled in the school.
   
   

2. Approval of the professional faculty and staff requires a favorable vote of the majority of the faculty and staff who are certified by EFPSB and who were employed at the pre-existing school.  The number needed for approval shall be determined by the number of professional faculty and staff assigned to the pre-existing school on October 1 preceding the election.

1. 1. An election must be held for the purpose of voting to convert a preexisting public school to a charter school.
      
      

   2. Employees eligible to vote in an election are members of the faculty and staff who are employed at the pre-existing school and who are certified by EFPSB.
      
      

   3. Each eligible employee may cast only one vote.
      
      

   4. The election must be held by secret ballot.

3. Approval by the parents or guardians requires a favorable vote of the majority of the voting parents or guardians of students enrolled in the school.

1. 1. An election must be held for the purpose of voting to convert a pre-existing public school to a charter school.
      
      

   2. The number of votes cast by the parents or guardians in an election must equal at least 50 percent of the number of students enrolled in the school at the time of the election.
      
      

   3. Only one vote may be cast by one parent or guardian for each student enrolled in the school at the time of the election.

4. An election of the professional faculty and staff or of the parents and guardians may be repeated in any school for approval of the same or a different charter proposal; however, such an election may not occur more than once in any school year.

Application Process for Locally Authorized Charter Schools

1. Application Cycle

1. 1. Effective January 1, 2014 local school boards shall accept charter applications from applicants according to local district timeline established by the department and approved by BESE.  Local school boards may request supplementary materials once the initial application has been submitted.  Final decisions regarding the approval of charter applications must be made by local school boards according to the local district charter application timeline.  Notifications of charter proposals denied shall include written explanation of the reasons for such denial.
      
      

   2. Prior to the consideration of a charter school proposal by any local school board, each charter applicant shall be afforded the opportunity to provide a written response to the independent evaluation of the application.  Such response shall be available to the independent reviewers for consideration prior to issuing a final recommendation to the chartering authority.

2. Common Charter Application

1. 1. Each local school board shall use a common charter application developed by the DOE and approved by BESE, but may request additional information from applicants as needed.
      
      

   2. BESE shall annually approve the common application to be used by local school boards.  If there are no changes to be made to the common application from a previous year, BESE will not be required to vote to approve the common charter application.

Charter School Performance Contract

Charter School Contract with EFPSB

1. The charter school contract shall represent the legal agreement between EFPSB and the charter operator, which defines the rights and responsibilities of the parties.
   
   

2. The charter school contract shall define the performance standards to which the charter school will be held accountable and the general terms and conditions under which the charter school will operate.  The charter school contract template shall include, but not be limited to, provisions regarding the establishment of the charter school; the operation of the charter school; charter school financial matters; charter school personnel; charter term, renewal and revocation; and other provisions determined necessary by EFPSB.  The charter school contract shall also include exhibits that provide detailed information about the terms and conditions under which the school will operate.
   
   

3. Each contract entered into by EFPSB for the operation of a charter school shall contain provisions set forth in a standard contract template; however, EFPSB shall not be precluded from allowing for provisions that may be specific to an individual charter operator.
   
   

4. Any contracts entered into between a charter operator and a management organization shall:

1. 1. set forth material terms including but not limited to: performance evaluation measures; methods of contract oversight and enforcement by the charter board; compensation structure and all fees to be paid to the management organization; and conditions for contract renewal and termination;
      
      

   2. contain provisions relative to the submission of documents, including but not limited to student records and financial information, upon request and in a timely manner.  The contract shall specify that any documents not provided by a management organization to the charter operator must be reported by the charter operator to the EFPSS.  Failure to comply with requests for documents may render the management organization ineligible to contract with any EFPSB -authorized charter school as a management organization for up to five years.

5. Contracts between charter operators and management organizations may be reviewed by the EFPSS to ensure compliance with the provisions of this Section.  Any contracts entered into between charter operators for the provision of services shall require an assurance statement signed by the presidents of the charter operators’ board of directors to be submitted to the EFPSS.  The assurance statement shall indicate that both parties have complied with the provisions of this Section.

Performance Measures

1. The charter school contract shall provide for specific student performance, financial, and legal and contractual standards which must be met by the charter operator during the term of the charter contract.

Contract Execution

1. A duly authorized officer of the board of directors of the charter operator shall sign the charter contract on behalf of the charter operator.
   
   

2. The president of EFPSB shall sign the charter contract on behalf of EFPSB.
   
   

3. The charter contract shall not be fully executed until the charter operator completes all pre-opening requirements identified for completion prior to contract execution.

Opening of Charter School

Timeline for Charter School Opening

1. A charter school shall begin operation by not later than 24 months after the final approval of the charter, unless such charter school is engaged in desegregation compliance issues and, therefore, must begin operation by not later than 36 months.  However, upon request, the chartering authority may extend the time period within which any charter school must begin operation.
   
   

2. If a charter school fails to begin operation within the time periods set forth, the charter for that school shall be automatically revoked although a new charter may be proposed in a subsequent application cycle.
   
   

3. A charter school shall not begin operation sooner than eight months after approval of the charter school has been granted, unless the chartering authority agrees to a lesser time period.

Ongoing Review of Charter Schools

Charter School Evaluation

1. EFPSB authorizes the operation of charter schools to provide schools with increased educational and operational autonomy in exchange for accountability for performance.
   
   

2. The performance of type 1 and type 3 charter schools will be reviewed and/or evaluated annually in the following categories:

1. 1. student performance;

   2. financial performance; and

   3. organizational performance.

3. In measuring the organizational and financial performance of schools, charter schools will be given one of the following ratings:

1. 1. meets expectations;

   2. approaches expectations;

   3. fails to meet expectations.

4. EFPSB shall receive a report on the review of type 1 and type 3 charter schools not later than January of each year.  This annual review will be used in charter contract extension determinations.

1. 1. During its renewal term, each charter school will be subject to regular site visits and contract review on a schedule established by EFPSB.
      
      

   2. A charter school under long-term renewal (five or more years), whose academic performance declines for three consecutive years, will be subject to a formal evaluation and contract review by EFPSB.  Based on the results of its evaluation, the EFPSB may recommend one of the following actions:

1. 1. 1. the charter school be placed under a memorandum of understanding (MOU) that outlines specific recommendations for improving performance; or
         
         

      2. revocation.

5. Student Performance

1. 1. Student performance is the primary measure of school quality. EFPSB shall use the state's assessment and accountability programs as objective and verifiable measures of student achievement and school performance. Student performance is the primary indicator of school quality; therefore, EFPSB will heavily factor all annual evaluations and contract extensions and renewal decisions on a school's achievement of the student performance standards.
      
      

   2. Charter schools are required to administer all state assessments and are subject to the Louisiana School and District Accountability System as required by Bulletin 111, The Louisiana School District and State Accountability System.

6. Financial Performance

1. 1. Charter schools are required to engage in financial practices, financial reporting, and financial audits as set forth in charter school law, this bulletin, and the charter.  The requirements imposed by law, regulation, and contract ensure the proper use of public funds and the successful fiscal operation of the charter school.
      
      

   2. Charter schools will be evaluated annually on the timely submission of budgets, audits, annual financial reports, and all other financial reporting and compliance with applicable financial budgeting; accounting; and auditing laws, regulations, and procedures.
      
      

   3. Financial performance shall be assessed annually using the financial risk assessment framework approved and adopted by EFPSB.  The financial risk assessment shall:

1. 1. 1. monitor the following external conditions encountered by charter operators that, if not addressed, could render the school financially vulnerable; and

1. 1. 1. 1. student enrollment factors:

1. 1. 1. 1. 1. declines in public school enrollment;

1. 1. 1. 2. trends in fiscal conditions:

1. 1. 1. 1. 1. total current expenditures per student is 90 percent or less of state average:

1. 1. 1. 1. 1. 1. short-term reaction of school systems is to reduce expenditures.  This serves as indicator of ability of school system to cut expenditures if required;

1. 1. 1. 1. 2. relationship between accountability scores and per student expenditure: another measure of ability of school system to cut expenditures and expected outcome on accountability scores;

1. 1. 1. 3. future obligations:

1. 1. 1. 1. 1. school systems with 1 percent above the state average of school employees projected to retire within the next five years:

1. 1. 1. 1. 1. 1. indicates that over 45 percent of school system personnel has 15 or more years of service;

1. 1. 1. 4. status of business certification of business official:

1. 1. 1. 1. 1. is current business official in process of being certified under La. Rev. Stat. Ann. §17:84.2;

1. 1. 2. identify the following internal factors that could lead to weaknesses or challenges in the financial operations of an operator.

1. 1. 1. 1. Level 1 - Fiscal Management/Behavior.  School systems meeting the criteria in this category have problems because they have not implemented financial management practices that are designed to ensure good internal controls in their systems; therefore, if not addressed the risk is higher that these smaller problems could lead to more severe problems in the future:

1. 1. 1. 1. 1. submittal of general fund budget form A by September 30 as required by law (submittal of annual operating budget by July 31 for charter schools);
               
               

            2. submittal of final AFR by October 31;
               
               

            3. audit opinion—internal control on government auditing standards;
               
               

            4. single audits—consecutive audit findings;
               
               

            5. known material fraud in any program.

1. 1. 1. 2. Level 2—Identified Problems Having Fiscal Impact.  Items in this category may indicate the mismanagement of a program to the degree that funds must be repaid (referred to as a questioned cost).  The school system is required to repay these funds to the federal government, unless a CAROI agreement is established by the LDE.  This agreement allows for funds to remain in the school system to correct the systematic problem and enhance the program.  These types of problems can be corrected but must be directly addressed and closely monitored to ensure this does not continue:

1. 1. 1. 1. 1. questioned costs from A–133–single audit report;
               
               

            2. questioned costs from program monitoring review;
               
               

            3. questioned costs from fiscal monitoring review.

1. 1. 1. 3. Level 3—Auditing Outcomes.  Items in this category may indicate that the independent auditor has found a critical problem in these areas of a school system’s financial operations.  The severity of the problem will be indicated by the type of the opinion issued.  Problems such as these can be corrected but must be directly addressed by the school system and then closely monitored:

1. 1. 1. 1. 1. audit opinion—general purpose financial statements;
               
               

            2. audit opinion—schedule of expenditures of federal programs;
               
               

            3. audit opinion—compliance with laws and regulations on federal programs.

1. 1. 1. 4. Level 4 - Problems with Balanced Budgets and Fund Balances.  Items in this category may indicate there could be, or there already exists, cash flow problems in a school system.  These types of problems must be addressed immediately or the school system could be at risk of insolvency:

1. 1. 1. 1. 1. general fund deficit spending.  General fund deficit spending may be acceptable in certain instances.  In such instances correspondence from the district is necessary to justify the deficit spending;
               
               

            2. general fund balance as a percentage of general fund revenues.

1. 1. 1. 5. Level 5—Major Events

1. 1. 1. 1. 1. Going Concern Opinion.  Items in this category indicate that problems already exist in a school system that put the entity at risk of being able to continue operations.
               
               

            2. New School System or Major Event.  A school system categorized in this manner requires LDE to closely monitor the development and implementation of appropriate systems, policies, and procedures to ensure successful provision of educational services to students as a result of being newly formed or having experienced a special event.

1. 4. The financial risk assessment shall be a factor in determining the financial performance of a charter school.

1. 5. The financial risk assessment shall result in one of the following actions:

1. 1. 1. no action.  The school’s fiscal health is determined to be satisfactory and does not require continued departmental monitoring; or
         
         

      2. monitoring.  The EFPSS will monitor specific aspects of the financial risk assessment, in order to assure continued progress in areas that have been problematic in the past; or
         
         

      3. dialogue.  The EFPSB will conduct a detailed review of the school’s finances and financial practices; follow-up may include, but not be limited to, discussions between EFPSB staff and school leadership regarding issues of major concern, a formal site visit, or recommended action by EFPSB in order to address deficiencies.

1. 6. Charter schools in their first year of operation shall be provided a financial practices self-assessment in order to determine the extent to which the school is positioned for strong financial performance.

1. 7. The charter school performance compact shall articulate any other specific criteria the EFPSB will use to evaluate financial performance.

7. Organizational Performance

1. 1. EFPSB shall evaluate a charter school's performance based on the monitoring of the charter school's compliance with its statutory, regulatory, and contractual obligations and all reporting requirements.
      
      
   2. EFPSB ‘S organizational performance evaluation of each charter school shall be based on, but not limited to, the following indicators.  All other requirements in the charter contract that are otherwise captured in the charter school oversight, monitoring, and reporting structure shall be subject to evaluation.  In assessing organizational indicators, EFPSB may consider information from various sources

1. 3. EFPSB will consider a standard not met if a violation indicates a deliberate act of wrongdoing, reckless conduct, or causes a loss of confidence in the abilities or integrity of the school or seriously jeopardizes the rights of students, safety of students, or the continued operation of the school.

Charter Term

Initial Charter

1. An approved charter shall be valid for an initial term of four years.
   
   

2. A charter operator shall have a right to operate a charter school during its initial four year term unless the charter is revoked or surrendered.
   
   

3. A charter operator's right to operate a charter school shall cease upon the expiration of the initial four year term, unless the charter operator is granted an extension to operate for a fifth year.

Extension Review

1. Each charter school shall be reviewed by its chartering authority after the completion of the third year of operation.  If the charter school is achieving its stated goals and objectives pursuant to its approved charter, then the chartering authority shall extend the duration of the charter for a maximum initial term of five years.  If the charter school is not achieving its stated goals and objectives pursuant to its approved charter, then the chartering authority shall not extend the duration of the charter, and the charter shall expire at the end of the school’s fourth year.
   
   

2. Each type 1 and type 3 charter school's extension review shall be used to determine if the school will receive a one-year extension, as follows.

1. 1. Contract Extension

1. 1. 1. Each charter school shall be reviewed based on academic, financial, and legal and contractual performance data collected by the Department of Education.  If such performance data reveal that the charter school is achieving the following goals and objectives, the board shall extend the duration of the charter for a maximum initial term of five years;

1. 1. 1. 1. For the 2015 and beyond extension processes, a charter school shall:

1. 1. 1. 1. 1. meet or approach expectations on the most recent evaluation in financial performance according to the charter school performance compact and a financial risk assessment rating that has not been deemed to require “dialogue” as defined in Bulletin 126, Charter Schools; and
               
               

            2. have no violations of legal or contractual standards as defined in Bulletin 126, Charter Schools; and
               
               

            3. meet one of the following student performance standards that aligns with the structure of the school:

1. 1. 1. 1. 1. 1. turnaround schools, schools qualified to receive a letter grade of “T” per Bulletin 111, The Louisiana School District and State Accountability System, school has earned a letter grade of “D” or higher based on performance data from the school’s third year of operation; or school has made an average of 5 or more points of growth per year the charter contract (from the pre-assessment index to the last year of data);
                  
                  

               2. non-turnaround schools, school has earned a letter grade of “D” or higher based on performance data from the school’s third year of operation;
                  
                  

               3. alternative charter schools, schools approved by the department to use an alternative charter school extension and renewal framework, school has met the standards for extension from an alternative charter school extension and renewal framework.

1. 2. Schools that Fail to Meet Extension Standards

1. 1. 1. If a charter school fails to meet any of the standards set forth in Paragraph B.1 of this Section, EFPSB may, at the superintendent’s recommendation, take one of the following actions based on information provided:

1. 1. 1. 1. grant the school a one year probationary extension with conditions or other required actions;
            
            

         2. allow the charter to expire at the end of the school’s fourth year of operation.

1. 3. Probationary Extension

1. 1. 1. A charter school granted a probationary extension shall:

1. 1. 1. 1. comply with the conditions set forth in the extension determination; and
            
            

         2. submit progress reports as required by the EFPSB outlining the progress it has made towards improving its performance.

1. 1. 2. If, upon consideration for initial renewal, a charter school placed on probationary extension has not resolved all of the issues related to its probation status, the district superintendent may recommend that the board deny the charter school’s request for renewal.

Charter Renewal

Renewal of Charter

1. At the conclusion of a charter school's fifth year of operation and the expiration of its initial charter contract, a charter operator no longer has a continuing right to operate a charter school.
   
   

2. A charter school may apply for a renewal of its charter in compliance with processes and timelines established by its authorizer.
   
   

3. No charter shall be renewed unless the charter operator seeking renewal can demonstrate, at a minimum, using standardized test scores, improvement in the academic performance of students over the term of the charter school's existence.
   
   

4. A charter may be renewed for additional periods of not less than three nor more than ten years after thorough review by the approving chartering authority of the charter school's operations and compliance with charter requirements.

EFPSB Processes for Charter Renewal

1. For EFPSB-authorized charters, the superintendent shall make a recommendation to EFPSB as to whether a charter renewal application should be approved.
   
   

2. An EFPSB-authorized charter school may be renewed at the discretion of EFPSB if all requirements set forth in law and policy for the renewal of a charter have been met.
   
   

3. The process for renewing a school charter shall be based on a thorough review of the charter school's operations, student academic performance, and compliance with charter requirements.

Charter Renewal Process and Timeline

1. The renewal of charter schools based on a compelling record of success is a critical component of charter school accountability. In the final year of its charter, a EFPSB-authorized charter school seeking renewal must demonstrate its success during the previous charter term and establish goals and objectives for the next charter term.  Ultimately, the renewal process offers an opportunity for the school community to reflect on its experiences during its first term, to make a compelling, evidence-based case that it has earned the privilege of an additional charter term, and, if renewed, to build an ambitious plan for the future.
   
   

2. Student Performance

1. 1. Each charter school is required to make demonstrable improvements in student performance over the term of its charter contract.

1. 1. 1. EFPSB will rely on data from the state’s assessment and accountability program as objective and verifiable measures of student achievement and school performance.  Student performance is the primary indicator of school quality; therefore, EFPSB will heavily factor each charter school’s student performance data in all renewal decisions.

1. 2. Consistent with the philosophy of rewarding strong performance and providing incentives for schools to strive for continual improvement, the renewal terms for EFPSB-authorized charter schools will be linked to each school’s letter grade (based on the school’s performance on the state assessment in the year prior to the renewal application) in accordance with the table that follows.

1. 3. A charter school in its initial term where fewer than 50 percent of its enrolled grades are testable under state accountability will be eligible for a renewal term of three years.
      
      

   4. For initial renewals during the 2015 and beyond renewal processes, an EFPSB-authorized charter school receiving a letter grade of F, in the prior academic year will not be eligible for renewal, unless one of these conditions are met:

1. 1. 1. a charter school that by contract serves a unique student population where an alternate evaluation tool, has been established between the charter operator and the School Board may be renewed for a term not to exceed five years;
         
         

      2. a turnaround charter school that qualified to receive a letter grade of “T” per Bulletin 111, The Louisiana School District and State Accountability System, that has made an average of five or more points of growth per year of the charter contract (from the preassessment index to the last year of data).

1. 5. For subsequent renewals during the 2015 and beyond renewal processes, a BESE-authorized charter school receiving a letter grade of “D” or “F” in the prior academic year will not be eligible for renewal, unless one of these conditions are met:

1. 1. 1. a charter school that by contract serves a unique student population where an alternate evaluation tool, including a BESE-approved alternative charter school extension and renewal framework, has been established between the charter operator and the board may be renewed for a term not to exceed five years;
         
         

      2. a turnaround charter school that qualified to receive a letter grade of “T” per Bulletin 111, The Louisiana School District and State Accountability System, that has made an average of 5 or more points of assessment index growth per year of the charter contract.
         
         

      3. if, in the Superintendent’s judgment, the non-renewal of a charter school that does not meet criteria for renewal  in its initial or subsequent charter term would likely require many students to attend lower performing schools, and the superintendent recommends its renewal, the charter may be renewed for a term not to exceed three years.  Prior to recommending such renewal, the superintendent must demonstrate that efforts to find a new, high-quality operator for the school were unsuccessful;

3. Financial Performance

1. 1. Each charter operator is required to engage in financial practices, financial reporting, and financial audits to ensure the proper use of public funds and the successful fiscal operation of the charter school.  The charter school shall be evaluated using the financial risk assessment and the financial indicators included in the charter school performance compact.
      
      

   2. A charter contract will not be renewed if the charter has failed to demonstrate over the term of its charter, the fundamental ability to operate a fiscally sound charter school, as evidenced by repeated failure to adhere to the financial standards articulated by the financial risk assessment and/or the charter school performance compact.
      
      

   3. EFPSB Standards for Financial Performance.  EFPSB may reduce the renewal term by a year for any charter school that has been found to require monitoring or dialogue as part of their most recent fiscal risk assessment. No term shall be less than three years.

4. Organizational Performance

1. 1. EFPSB will include a charter school’s compliance with its statutory, regulatory, and contractual obligations and all reporting requirements in its renewal decision.  EFPSB evaluation shall be based on, but not limited to, the following organizational indicators as articulated in the charter school performance compact.

1. 2. EFPSB will consider a standard not met if a violation indicates a deliberate act of wrongdoing, reckless conduct, or causes a loss of confidence in the abilities or integrity of the school or seriously jeopardizes the rights of students, safety of students, or the continued operation of the school.
      
      

   3. EFPSB will not renew a charter if it has failed to demonstrate over the term of its contract, the fundamental ability to adhere to the statutory, regulatory, contractual obligations, reporting requirements, and organizational performance standards articulated in the charter school performance compact.

5. Initial Renewal for EFPSB-Authorized Charter Schools

1. 1. The SYSTEM will establish a process by which each charter school shall be required to indicate whether it will be seeking initial renewal.
      
      

   2. Not later than January of the charter school’s fifth year, the Superintendent will make a recommendation to EFPSB about the disposition of any school seeking renewal.  The basis for the recommendation will be the charter school’s student, financial, and legal and contractual performance during years one through four of the charter contract.
      
      

   3. Based on the school’s academic, financial, and contractual performance, the Superintendent may recommend one of three actions:

1. 1. 1. renewal for the maximum term identified in the Maximum Charter Renewal Terms table;
         
         

      2. renewal for a shorter term (based on deficiencies in financial and/or legal/contract performance, although not to be less than three years); or
         
         

      3. non-renewal.

1. 4. The Superintendent may recommend a corrective action plan as a condition for renewal for any charter school that qualifies for renewal, but fails to fully meet any performance standards.  The School Board may make the execution of the renewal charter contract contingent upon the completion of all or some of the actions required by the corrective action plan.  The board may also direct the EFPSB to include all or some of the actions required by the corrective action plan to be incorporated into the charter contract so that failure to complete corrective actions may serve as grounds for revocation.
      
      

   5. A recommendation for non-renewal may also include a recommendation that a new charter provider operate the school.

6. Subsequent Renewal for EFPSB-Authorized Charter Schools

1. 1. The EFPSB will establish a process by which each charter school shall be required to indicate whether it will be seeking a subsequent renewal.
      
      

   2. Not later than January of the charter school’s final contract year, the district superintendent of education will make a recommendation to EFPSB about the disposition of any school seeking renewal.  The basis for the recommendation will be the charter school’s student, financial, legal and contractual performance during its current charter contract.
      
      

   3. Based on the school’s academic, financial, and legal and contractual performance over the current charter contract term, the superintendent may recommend one of the following actions:

1. 1. 1. renewal for the maximum term identified in the maximum charter renewal terms table in Subsection B, above, not to exceed a maximum term of ten years;
         
         

      2. renewal for a shorter term (based on deficiencies in financial and/or organizational performance); or
         
         

      3. non-renewal.

1. 4. A recommendation for non-renewal may also include a recommendation that a new charter provider operate the school.

7. Automatic Renewal of Charter Schools

1. 1. A charter school which has met or exceeded for the three preceding school years the benchmarks established for it in accordance with the school and district accountability system, has demonstrated growth in student academic achievement for the three proceeding schools years, and has had no significant audit findings during the term of the charter agreement shall be deemed a high-performing school, and such school's charter shall be automatically renewed.
      
      

   2. A charter school that meets the following conditions shall be automatically renewed and shall be exempted from the renewal process requirements listed in this Section, as appropriate:

1. 1. 1. has received a letter grade of A or B;
         
         

      2. has demonstrated growth in student academic achievement as measured by an increasing school performance score over the three preceding school years;
         
         

      3. has received a meets expectations designation in its most recent evaluation in organizational performance according to the charter school performance compact; and
         
         

      4. has received a meets expectations designation in its most recent evaluation in financial performance according to the charter school performance compact; and
         
         

      5. has no outstanding notices of concern or breach.

1. 3. The automatic renewal term shall be in line with the terms specified in Paragraph B.2 of this Section.

Revocation

Reasons for Revocation

1. An authorizer may revoke a school's charter any time prior to the expiration of a charter operator's five-year term following initial approval or prior to the expiration of its subsequent renewal, if such is granted pursuant to this policy, upon a determination that the charter school or its officers or employees did any of the following:

1. 1. committed a material violation of any of the conditions, standards, or procedures provided for in the approved charter;
      
      

   2. failed to meet or pursue within the agreed timelines any of the academic and other educational results specified in the approved charter;
      
      

   3. failed to meet generally accepted accounting standards of fiscal management;
      
      

   4. violated any provision of law or EFPSB policy applicable to a charter school, its officers, or employees.

2. EFPSB may also revoke a schools charter if:

1. 1. the health, safety, and welfare of students is threatened;
      
      

   2. any other reasons for revocation listed as such in a charter school's charter contract.

Voluntary Relinquishment of a EFPSB -Authorized Charter

1. If the operator or board of an EFPSB authorized charter school determines that it can no longer operate the charter school, it shall relinquish the charter to EFPSB at least 90 days prior to the beginning of the next school year.
   
   

2. Failure to relinquish a charter at least 90 days prior to the beginning of the next school year may result in EFPSB declining to accept a charter application submitted by that operator to EFPSB for up to five years.  If at any time during this period, members of such charter operator’s board form a majority of board membership for a different charter operator, EFPSB may decline to accept a charter application submitted by such charter operator.

Amendments to EFPSB-Authorized Charters

Charter Amendments

1. Any modification to the provisions of a school's charter shall constitute an amendment to the charter.  An amendment may be material or non-material, as defined in this bulletin.
   
   

2. All charter amendment requests or notices, as applicable, must be submitted by the charter operator.
   
   

3. No charter amendment shall be the basis of extending the duration of the school's original charter.

Material Amendments for EFPSB-Authorized Charter Schools

1. A material amendment to a charter is an amendment that makes substantive changes to a charter school's governance, operational, or academic structure.  Material amendments include:

1. 1. changes in legal status or management, including the structure of the governing board, a corporate partnership, or assignment of or changes in management organization;
      
      

   2. changes in grade levels served;
      
      

   3. changes in student enrollment which result in enrollment in excess of 120 percent of the total number of students set forth in the school’s charter, applicable;
      
      

   4. changes in any option expressed in the charter contract exhibit with respect to collective bargaining; and
      
      

   5. any changes to the charter contract not specifically identified as non-material amendments.

2. A material amendment to a charter must be approved by an affirmative vote of at least a majority of the membership of EFPSB.
   
   

3. The charter operator shall submit a request for a material amendment to its charter in compliance with all timelines and pursuant to all guidance, forms, and/or applications developed and set forth by the EFPSS.
   
   

4. The Superintendent shall make recommendations to EFPSB on each material amendment request it receives from a charter operator.
   
   

5. EFPSB shall delegate authority to the EFPSS to approve a material amendment regarding Paragraphs A.2 and A.3 of this Section for any charter school meeting the following conditions, as determined by the EFPSB:

1. 1. no violations of legal or contractual standards, as defined in Bulletin 126 §1101.F.3; and
      
      

   2. is not in "dialogue" with the EFPSB, as defined in Bulletin 126 §1101.E.5.c; and
      
      

   3. one of the following student performance standards:

1. 1. 1. the school’s most recent performance label was a "C" or higher; or
         
         

      2. not allowing the expansion into new grades or acceptance of greater numbers of students would result in students attending a lower performing school; or
         
         

      3. the school has made ten points of academic growth over the previous two years.

Non-Material Amendments for EFPSB-Authorized Charter Schools

1. A non-material amendment to a charter is an amendment that makes non-substantive changes to a school's charter.  Non-material amendments include:

1. 1. changes to the mailing address, telephone, and/or facsimile number of the charter school;
      
      

   2. changes to the designated contact person for the charter operator or changes to the contact person located at the charter school site; and
      
      

   3. changes in any option expressed in the charter contract exhibits with respect to Teachers' Retirement System of Louisiana.

2. A non-material amendment will be effective following approval by the board of directors of the charter school.
   
   

3. The charter operator shall provide EFPSB with written notification of a non-material amendment to its charter within five days of board approval in compliance with all requirements set forth by the EFPSB.

Charter School Recruitment and Enrollment

Students Eligible to Attend

1. Type 1 Charter Schools.  Students meeting residency requirements established in a Type 1 charter school's charter are eligible to attend a Type 1 charter school.  A Type 1 charter school may establish residency requirements for students living within the parish or may establish residency requirements restricted to a particular part of a city or cities within the parish.
   
   

2. Type 3 Students eligible to attend a Type 3 charter school transferred include those students who would have been eligible to enroll in or attend the pre-existing school under the jurisdiction of the city, parish, or other local public school board or other public school entity prior to its transfer to the recovery school district.  In addition, if capacity exists, any students who are eligible to participate in a school choice program established by the prior system shall be permitted to enroll in such Type 3 charter schools which have capacity for another student in the appropriate grade.

Enrollment Capacity

1. A charter school shall not enroll more than 120 percent of the total number of students that it is authorized to enroll pursuant to its approved charter.
   
   

2. In determining the enrollment permitted in each school year, a charter school shall determine the enrollment authorized in its approved charter with respect to the individual school year.  Charter schools are not authorized to a cumulative 20 percent increase in each year of its approved charter.

Admission Requirements

1. A charter school may have admission requirements that are consistent with the school's role, scope, and mission.
   
   

2. Admission requirements imposed by a school must be set forth in the charter school's approved charter and shall be specific and shall include a system for admission decisions which precludes exclusion of students based on race, religion, gender, ethnicity, national origin, intelligence level as ascertained by an intelligence quotient examination, or identification as a child with an exceptionality as defined in La. Rev. Stat. Ann. §17:1942(B).  Such admission requirements may include, however, specific requirements related to a school's mission such as auditions for schools with a performing arts mission or proficiency in a foreign language for schools with a language immersion mission.  Any charter school which began operation prior to July 1, 2012, and which incorporated achievement of a certain academic record as part of its admissions requirements may continue to utilize such admission requirements.  No charter school beginning operation on or after July 1, 2012 may incorporate the achievement of a certain academic record as part of its admission requirements.

Application Period

1. Prior to each school year, a charter school shall establish a designated student application period.
   
   

2. A student application period shall not be less than one month nor more than three months.
   
   

3. An application shall be considered timely if it is submitted during the charter school's designated application period.

Enrollment of Students, Lottery, and Waitlist

1. Each student submitting a timely application and meeting all residency requirements and admission requirements, as applicable, shall be considered eligible to enroll in a charter school.
   
   

2. A charter school shall enroll all eligible students unless the total number of eligible applicants exceeds the capacity of a program, class, grade level, or school.
   
   

3. A charter school shall admit no student during the school's designated application period, but shall wait until the period has ended.
   
   

4. At the conclusion of a charter school's designated application period, it shall determine if fewer eligible applicants have applied than the maximum number of students that the school can admit.

1. 1. If fewer eligible applicants have applied than the maximum number of students that the school can admit to a program, a grade level, or the school, all eligible students shall be admitted.

1. 2. If the total number of eligible students exceed the capacity of a program, a grade level, or the school, applicants shall be admitted based on an admissions lottery from among the total number of eligible applicants.

1. 1. 1. A charter school shall use a lottery for the selection of students in order to reach its maximum capacity and to determine the order in which students will be placed on a waitlist.

5. Following the admission of applicants after a determination that the number of applicants did not exceed the capacity of a program, a class, or the school, the charter school may continue to accept applications and admit eligible students in the order in which applications are received until maximum capacity is reached.
   
   

6. A charter school’s lottery and continued admission of applicants, following a determination that a lottery is not required at the conclusion of the student application period, shall be performed in such a fashion that assures compliance with all at-risk student population requirements.  Nothing herein shall preclude the implementation of a weighted lottery to ensure all at-risk student population requirements are met.
   
   

7. Any charter school not participating in the recovery school district’s unified enrollment system shall maintain a waitlist of applicants not admitted to the charter school as a result of capacity being reached in a program, a grade, or the school.

1. 1. Applicants shall be placed on the waitlist in the order in which they were selected in the charter school's lottery or in the order in which they applied if the application was submitted following the school's application period.
      
      

   2. If an opening occurs at a charter school, selection from the waitlist shall begin with the first applicant on the waitlist.

8. A charter school shall maintain its waitlist throughout each school year.  Any student admitted to the school must be an applicant on the waitlist, if a waitlist exists for the respective program, grade or school.
   
   

9. The charter school shall repeat the student admission process described in this Section each year.

Lottery Exemptions

1. Students seeking enrollment to a charter school that was created through the conversion of a pre-existing school shall be exempt from a lottery and shall be automatically admitted following the charter school's application period.
   
   

2. Students previously enrolled in the charter school and their siblings shall be exempt from a lottery, and shall maintain enrollment or be automatically admitted following the charter school's application period.  Students attending a pre-kindergarten or early childhood program operated by a charter school may be considered to have been previously enrolled at the charter school for the purpose of lottery exemptions.  Requests by charter schools to apply this lottery exemption for students who attend a publicly-funded program at no cost to the student shall be automatically approved, or the charter school's authorizer for other types of charter schools.  For a charter school that requests to apply this lottery exemption for students who were admitted to a pre-kindergarten or early childhood program that utilizes admission requirements and/or charges tuition for some or all of its students, the use of the lottery exemption shall be subject to the approval, or the charter school's authorizer for other types of charter schools.  In such a case the charter school's authorizer, shall require the charter school to set enrollment targets that ensure the charter school provides equity of access for at-risk applicants to its kindergarten classes.
   
   

3. Students seeking enrollment to a Type 3 charter school that is assigned a facility formerly occupied by a pre-existing public school may be exempt from a lottery and may be automatically admitted following the charter school's application period, if authorized in the charter operator's charter.

At-Risk Students

1. Except as otherwise provided by charter school law, Type 1 and Type 2 charter schools created as new schools shall maintain an at-risk student population percentage, based on the October 1 student membership count, that is equal to the percentage of students eligible for the federal free or reduced lunch program in the district in which the charter school is located or the average of districts from which students served by the charter school reside.

1. 1. The charter school's at-risk population shall consist of 85 percent of students who are eligible for the federal free and reduced lunch program and thus defined as at-risk pursuant to BESE policy.
      
      

   2. The remaining 15 percent of a charter school's at-risk population may consist of at students defined as at-risk in BESE policy.

2. A charter school's required at-risk percentage, based on the percentages of a city or parish school system, shall remain fixed during the term of its approved charter at the percentage which existed during the school year that the charter proposal was approved, unless otherwise specified in the charter that the charter school will reflect the current year's at-risk percentage.

Charter School Staff

Employment of Staff

1. Each charter operator may employ faculty and staff members as it deems necessary.  Each member of the instructional staff of each charter school shall have at least a baccalaureate degree.  For the purposes of this section, “instructional staff” refers to any individual teaching a course in a charter school for which he or she would otherwise be required to be certified under Bulletin 746, Louisiana Standards for State Certification for School Personnel, except for those individuals who would otherwise be eligible for ancillary certification as defined in Bulletin 746.
   
   

2. All potential charter school employees shall be notified of the specific benefits they will be offered, as specified in the charter operator's charter.
   
   

3. The charter operator shall have exclusive authority over all employment decisions at the charter school, unless delegated to a for-profit management organization, as authorized in law and which must be specifically provided for in a service provider agreement.
   
   

4. The provisions of any collective bargaining agreement entered into by the local school board in whose jurisdiction the charter school is located shall apply to a Type 2 or Type 4 charter operator unless its approved charter provides otherwise.  A charter operator may select to not be subject to such a collective bargaining agreement in its charter.
   
   

5. A Type 3 charter operator may bargain and enter into a collectively bargained contract on behalf of all or any group of its employees.
   
   

6. The employees in Type 4 charter schools are in all respects employees of the local school board entering into the charter.

Criminal History Review

1. Each charter operator shall request in writing that the Louisiana Bureau of Criminal Identification (LBCI) and Information supply information to ascertain whether an applicant for employment as a teacher, substitute teacher, bus driver, substitute bus driver, janitor, or any other school employee who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children, has been convicted of, or pled nolo contendere to, any one or more of the crimes enumerated in La. Rev. Stat. Ann. §15:587.1.

1. 1. The request must be on a form prepared by the bureau and signed by a responsible officer or official of the charter operator making the request.
      
      

   2. The form must include a statement signed by the person about whom the request is made which gives his or her permission for such information to be released and must include the person's fingerprints in a form acceptable to the LBCI.
      
      

   3. A person who has submitted his or her fingerprints to the LBCI may be temporarily hired pending the report from the LBCI as to any convictions of, or pleas of nolo contendere to, by the person to a crime listed in La. Rev. Stat. Ann. §15:587.1.

2. No person who has been convicted of or has pled nolo contendere to a crime listed in La. Rev. Stat. Ann. §15:587.1. shall be hired by a public elementary or secondary school as a teacher, substitute teacher, bus driver, substitute bus driver, janitor, or as any school employee who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children unless approved in writing by a district judge of the parish and the parish district attorney.

1. 1. This statement of approval shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer.

3. The charter operator shall dismiss any teacher or any other school employee having supervisory or disciplinary authority over school children, if such teacher or other employee is convicted of, or pled nolo contendere to, any crime listed in La. Rev. Stat. Ann. §15:587.1(c) except La. Rev. Stat. Ann. §14:74.
   
   

4. A charter operator may reemploy a teacher or other school employee who has been convicted of, or pled nolo contendere to, a crime listed in La. Rev. Stat. Ann. §15:587.1(c), except La. Rev. Stat. Ann. §14:74, only upon written approval of the district judge and the district attorney of the parish or upon written documentation from the court in which the conviction occurred stating that the conviction has been reversed, set aside, or vacated.

1. 1. Any such statement of approval of the judge and the district attorney and any such written documentation from the court shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer.

Employee Benefits

1. All potential charter school employees shall be notified of the specific benefits they will be offered, as specified in the charter operator's charter.
   
   

2. Charter school employees shall be eligible for participation in any or all benefits which would otherwise accrue to employees in any other elementary or secondary school including, but not limited to, the school employees' and teachers' retirement systems, subject to the school's approved charter, which must provide for such participation.
   
   

3. With regard to participation in the public retirement systems:

1. 1. the compensation that the teacher or school employee would have received if employed by the local public school system shall be used to determine employee and employer contribution levels of the respective retirement systems;
      
      

   2. any compensation paid to a teacher or school employee which exceeds the salary that would have been received if employed by the local school system shall not be deemed as compensation solely for the purpose of the calculation of future retirement benefits.

4. As employees of the local school board holding the charter, the employees in Type 4 charter schools shall be entitled to the benefits, and be subject to conditions of employment, as prescribed by the local school board within the charter.

Evaluation and Assessment

1. Each charter operator shall annually evaluate every teacher and administrator employed at its charter schools using the value-added assessment model and measures of student growth as determined by the State Board of Elementary and Secondary Education) and comply with all other such requirements specified in La. Rev. Stat. Ann. §17:3997.

Notification Requirements for EFPSB-Authorized Charter Schools

Required Notifications

1. The charter operator shall notify the EFPSB in a timely manner of any conditions that may cause it to vary from the terms of its charter, state law, or BESE policy.
   
   

2. The charter operator shall notify EFPSB of any circumstance requiring the closure of the charter school including, but not limited to, a natural disaster, such as a hurricane, tornado, storm, flood or other weather related event; other extraordinary emergency; or destruction of or damage to the school facility.
   
   

3. The charter operator shall notify EFPSB of the arrest of any members of the charter school's board of directors, employees, contractors, subcontractors, or any person directly or indirectly employed by the charter operator for a crime listed in La. Rev. Stat. Ann. §15:587.1(C) or any crime related to the misappropriation of funds or theft.
   
   

4. The charter operator shall notify EFPSB of a default on any obligation, which shall include debts for which payments are past due by 60 days or more.
   
   

5. The charter operator shall notify EFPSB of any change in its standing with the Office of the Louisiana Secretary of State.
   
   

6. The charter operator shall notify EFPSB no later than the end of the calendar month if its enrollment decreases by 10 percent (10%) or more compared to the most recent student count submitted to the EFPSB.
   
   

7. If the charter operator has contracted with a management organization and such contract is terminated or not renewed, it shall provide written notification to the EFPSB within two business days stating the reasons for the termination of the relationship.
   
   

8. Failure of the board to notify the EFPSB about loss of the management organization within two business days may result in EFPSB rendering the charter operator or a majority of its board members ineligible to operate a charter school for up to five years.
   
   

9. The charter operator shall notify the EFPSB should the president of the charter school’s governing board change.  Such notification shall be made within two (2) business days of the official board action taken on this matter.

Complaint Procedures

Charter Operator Complaint Procedure

1. Each charter operator shall maintain a complaint procedure through which parents, guardians, or other individuals or groups can appeal to the nonprofit corporation board of directors to address any issues or problems such individuals seek redress to.
   
   

2. Charter operator complaint procedures should, at a minimum, address any forms that must be completed by a complainant, the progression of a complaint, and the timeframes for consideration and action.

Volunteer Requirements

Volunteer Programs

1. Any charter school volunteer program that requires parents to commit a certain number of volunteer hours shall be subject to a waiver process.
   
   

2. A charter operator shall not condition the enrollment of any student on the commitment of the student's parents to provide any number of volunteer hours, to donate volunteer hours to the charter school, or to pay a fee in lieu of volunteer hours.

Adopted:  July 1, 2014

Re-Adopted:  November 3, 2015

Ref:    Charter Schools, Bulletin 126, Louisiana Department of Education

Board minutes, 7-1-14, 11-3-15

East Feliciana Parish School Board