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PART Ed 318 CHARTER AND OPEN ENROLLMENT SCHOOLS

Statutory Authority: RSA 194-B:18

Ed 318.01 Purpose and Scope.

(a) The purpose of these rules shall be to insure uniform application of RSA 194-B in the establishment and administration of charter and open enrollment schools.

(b) The charter school provisions of these rules shall apply to:

(1) Those persons and entities listed in RSA 194-B:3, I, as eligible to establish a charter school;

(2) An existing public school which is eligible to become a charter conversion school in accordance with RSA 194-B:3, VI; and

(3) School boards authorized to approve charter schools under RSA 194-B:3, II.

(c) The open enrollment provisions of these rules shall apply to open enrollment public schools as defined in RSA 194-B:1, VI and established under RSA 194-B:2, I.

Source. #6355, eff 10-18-96, EXPIRED: 10-30-04

New. #8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05

Ed 318.02 Definitions. In these rules:

(a) "Board of trustees" means "board of trustees" as defined in RSA 194-B:1, II.

(b) "Charter school" means "charter school" as defined in RSA 194-B:1, III.

(d) "Host school district" means "host school district" as defined in RSA 194-B:1, V.

(e) "Open enrollment public school" or "open enrollment school" means "open enrollment public school" or "open enrollment school" as defined in RSA 194-B:1, VI.

(f) "Parent" means "parent" as defined in RSA 194-B:1, VII.

(g) "Pupil" means "pupil" as defined in RSA 194-B:1, VIII.

(h) "School board" means "school board" as defined in RSA 194-B:1, XI.

(i) "State board" means "state board" as defined in RSA 194-B:1, XIII.

(j) "Teacher" means "teacher" as defined in RSA 194-B:1, XIV.

Source. #6355, eff 10-18-96, EXPIRED: 10-30-04

New. #8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05

Ed 318.03 Charter School Approval: Requirements of Applicants.

(a) Persons or entities eligible to apply to establish a charter school shall be organized as a non-profit corporation in accordance with the provisions of RSA 292. Such corporation shall first establish a prospective board of trustees and prescribe the board's duties in a set of proposed by-laws which shall be consistent with the prospective board duties under RSA 194-B:5.

(b) Applicants seeking state board approval for a charter school shall first apply for approval to the local school board by July 1, of the year preceding intended operation in accordance with RSA 194-B:3, III.

(c) All applications to the local school board to establish a charter school under RSA 194-B:3, III, shall be made by the prospective board of trustees in the form of an application including a proposed contract containing all of the elements in RSA 194-B:3, II.

(d) All applications shall include the following summary information:

(1) The proposed name of the charter school;

(2) The general description and proposed or potential school location, if that information is known;

(3) The name, address, telephone and fax number of a contact person;

(4) An identification of the eligible person or entity of the applicant from among those listed in RSA 194-B:3, V;

(5) The grade levels the proposed charter school will cover;

(6) The projected student enrollment for each of the first 5 years of operation;

(7) The total number of teachers and the average teacher/student ratio for the first 5 years;

(8) Whether the applicant has access to a facility suitable for the school and if not how the applicant intends to provide a physical location for the school;

(9) A summary of the school's focus including a description of the characteristics, methods, and goals of the school; and

(10) Any reasons why the prospective board of trustees believes RSA 194-B:3, XII, relative to a shortening of deadlines may apply in this case.

(e) Once the local school board has forwarded the application including a proposed contract in accordance with Ed 318.04, the state board shall inform the board of trustees in writing when they shall appear to defend the proposal and answer any questions from state board members. The review of the proposed contract shall be an item on the agenda of the next regularly-scheduled state board meeting. However, if the board of trustees seeks an appeal under (f) below, the appeal decision shall be considered at a regularly-scheduled meeting.

(f) In accordance with RSA 194-B:3, IV, the board of trustees may appeal a denial by the local board to the state board. A request for an appeal shall be by letter which shall be postmarked prior to September 30 to be considered. The request shall detail which of the criteria of Ed 318.05 the board of trustees claims were not properly addressed in the school board's denial. An appeal shall be conducted in accordance with Ed 200 and all decisions shall make reference to the criteria listed in RSA 194-B:3, II and Ed 318.05 as the basis for approval or disapproval of the appeal.

(g) For good cause shown, including but not limited to a hardship which is outside of the control of the applicant, a school board and the state board shall waive any deadlines applying in RSA 194-B:3 to their respective actions for specific periods of time, provided that a request for a waiver shall:

(1) Be in writing and shall be signed by the waiver applicant;

(2) Specify the provisions of RSA 194-B to be waived, the duration of the waiver, and the hardship which is outside of the control of the applicant or other circumstance which caused the applicant to ask for a waiver; and

(3) Include a certification that the waiver applicant has made a good faith effort to comply with said provisions.

Source. #6355, eff 10-18-96; amd by #6821, eff 9-1-98

Ed 318.04 Charter School Approval: Requirements of School Boards. In forwarding an application including a proposed contract to the state board under RSA 194-B:3, III (c), the school board shall comply with the following by the statutory deadline of September 15:

(a) If the application including a proposed contract is approved, the school board shall file the application with the state board with a cover letter indicating the date of the school board meeting at which the application was approved. The cover letter shall also certify that the provisions of RSA 194-B:4, I(d)(1) or I(b)(1) have been adopted by the school district legislative body.

(b) If the application is denied, the school board shall forward the application to the state board with a cover letter indicating:

(1) Suggested amendments or additions to the contract to correct any areas deemed deficient, numbered to correspond to the list of criteria in RSA 194-B:3, II;

(2) Comments concerning how the contract might be deficient in relation to the state board criteria for review listed in Ed 318.05;

(3) Any legal questions the school board wishes the state board to address, including those issues which might require an opinion to the state board by the department of justice; and

(4) Any other matters which might be pertinent concerning the operation of the proposed charter school in the school board's district.

Source. #6355, eff 10-18-96; amd by #6821, eff 9-1-98

Ed 318.05 Charter School Approval: State Board Criteria for Review.

(a) The state board shall review the application for completeness to ensure that each of the statutory requirements of RSA 194-B:3, II has been met.

(b) In addition to the criteria listed in RSA 194-B:3, II, each applicant shall provide the following:

(1) An admission policy which takes into consideration the following factors:

a. Methods for admission which shall not be designed, intended or used to discriminate or violate individual civil rights in any manner prohibited by law;

b. How the school will conduct lottery selection as provided for in RSA 194-B:9(c) and assure that the preferential status of children of the founding members of the charter school shall be addressed in the admissions process; and

c. How the school will provide for educationally disabled students;

(2) A policy for the optional contracting of services as allowed under RSA 194-B:8, VII, and RSA 194-B:5, V, or states how and why the school declines to choose the option;

(3) A statement that the school shall provide required services under RSA 194-B:8, IV, if applicable; and

(4) The contents of a catalog which meets the requirements of RSA 194-B:2, VI.

(5) The contents of a catalog which meets the requirements of RSA 194-B:2, VI.

Source. #6355, eff 10-18-96; amd by #6821, eff 9-1-98

Ed 318.06 Issuance of Charter.

(a) Once the state board issues a charter to an applicant who has met all the requirements of RSA 194-B:3, III(a), (b), (c), and (d), the board of trustees shall inform the state board in writing when and if all the requirements of RSA 194-B:3, III(e) have been met.

(b) During the period of the pilot program established under RSA 194-B:20, the state board shall issue a charter only under the conditions established by RSA 194-B:20.

(c) Charters shall be amended in accordance with RSA 194-B:3, XI. An appeal by the applicant to the state board of the local board decision pertaining to a proposed amendment shall be filed within 30 days of the denial, and shall be decided by the state board in accordance with Ed 200.

(d) Charters shall be renewed for a renewal period of 7 years in accordance with RSA 193-B:4, X. The board of trustees of a charter school shall make an application for renewal to the state board no later than one year before the original charter is set to expire.

(e) For the first renewal, the application shall consist of the school's fourth year annual report with a cover letter requesting renewal, except that subsequent renewals shall be based on the annual report of the year proceeding expiration of the charter. The criteria listed in Ed 318.05 and RSA 194-B:16, VI, shall be used by the board to approve or deny all renewals and shall be referenced in all decisions.

(f) Renewal approvals shall be in the form of:

(1) A letter approving the original application and proposed contract; or

(2) An amended contract containing all changes generated as the result of the state board's review of the appropriate annual report, and agreed upon by the state board and the board of trustees at least 30 days prior to the expiration date.

(g) A charter shall be revoked for any of the reasons listed in RSA 194-B:16, II, if the board of trustees fails to cooperate on the development of a remedial plan under RSA 194-B:16, III. If the state board intends to revoke a charter, it shall give the trustees at least 90 days notice of its intent. Revocation shall occur only after notice and opportunity for a hearing as provided under RSA 541-A:31.

(h) A charter shall be withdrawn if the board of trustees fails to submit a progress report under RSA 194-B:3, IX.

(i) The charter shall also be withdrawn if a progress report is filed but fails to:

(1) Specify which provisions of RSA 194-B are delaying the opening of the charter school;

(2) Provide a remedial plan for the school to overcome any obstacles.

Source. #6355, eff 10-18-96; amd by#6821, eff 9-1-98

Ed 318.07 Charter School Annual Report Requirements. In addition to the requirement of RSA 194-B:10, each charter school annual report shall include at a minimum the following elements:

(a) A statement explaining how the school is meeting the goals of its mission statement;

(b) Any changes in the membership of the board of trustees or in the trustees' methods of operations or by-laws;

(d) The attendance rate of pupils enrolled at the school as reflected in the school's average daily membership;

(e) The number of incidents that occurred on the school grounds and that required the intervention of local, state or federal law enforcement;

(f) The percentage of pupils who either graduated to the next grade level or graduated from high school;

(g) A description of the community services available at the school site;

(h) The school calendar, including the length of the school day and hours of operation;

(i) The total number of pupils enrolled at the school during the previous school year;

(j) The transportation services available;

(k) A description of the responsibilities of parents and children enrolled at the school;

(l) A description of the responsibilities of the school to the parents of the children enrolled at the school, including dates the report cards are delivered to the home;

(m) A financial statement setting forth the revenue and expenditures for the year just ended;

(n) A balance sheet setting forth the charter school's assets, liabilities, and fund balances or equities; and

(o) Projections of income and expenses for the upcoming school year.

Source. #6355, eff 10-18-96, EXPIRED: 10-30-04

New. #8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05

Ed 318.08 Open Enrollment School Requirements. The school board or moderator of a school district whose members have voted to designate one or more of its schools as an open enrollment school under RSA 194-B:2 shall notify the state board in writing of the following no later than 60 days prior to the start of each school year:

(a) Which schools in the school district have been formally designated as open enrollment schools;

(b) How many students each open enrollment school has accepted from within its district and from outside its district;

(d) Any adopted school board rules under RSA 194-B:9, V; and

(e) A statement describing how the school shall meet the requirements of a public school as required by RSA 194-B:2, II.

Source. #6355, eff 10-18-96, EXPIRED: 10-30-04

New. #8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05

Ed 318.09 Deadlines for Pupil Enrollment.

(a) During the period in which a charter school contract has been ratified by the school district under RSA 194-B:3, III(g) and the July 1 effective date of the charter, a charter school may accept applications for students.

(b) Charter schools shall notify all students and parents 60 days prior to the first day of classes of the host school district whether the pupil's application for admission has been accepted or denied.

(c) If the charter or open enrollment school makes an offer of acceptance to a pupil to enter the school, the pupil and pupil's parents shall accept or deny the offer in writing no later than 30 days after being informed.

(d) If a pupil accepts admission to a charter or open enrollment school, the school shall inform the local board no later than 30 days prior to the first day of classes of the host school district. In the case of an open enrollment school, the school shall also comply with all deadline requirements established in local rules adopted under RSA 194-B:9, V.

Source. #6355, eff 10-18-96, EXPIRED: 10-30-04

New. #8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05

Ed 318.10 Assurances Against Discrimination.

(a) If any of the persons or entities listed under RSA 194-B:16, I, believes a charter school has violated any of the anti-discrimination provisions of the school's own charter, the matter shall be directed to the school board for review and disposition.

(b) A decision of the school board may be appealed to the state board, in accordance with Ed 200.

Source. #6355, eff 10-18-96, EXPIRED: 10-30-04

New. #8206, INTERIM, eff 11-18-04, EXPIRES: 5-17-05