Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.15-006 - 2015 Open Enrollment Charter School New Application

Universal Citation: AR Admin Rules 005.23.15-006

Current through Register Vol. 49, No. 9, September, 2024

ARKANSAS DEPARTMENT OF EDUCATION 2015 APPLICATION OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL

A. GENERAL INFORMATION

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B. EXECUTIVE SUMMARY

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C. NARRATIVE DESCRIPTION OF THE PROPOSED CHARTER SCHOOL

The applicant for the proposed charter school, if approved by the authorizer, agrees to operate the educational program described below in accordance with the provisions described within this document, Arkansas Code Annotated § 6-23-101 et seq., the State Board of Education Rules Governing Public Charter Schools, and the attached assurances.

Provide a narrative description of the various components of the proposed charter school by responding to the following prompts:

1. Describe the results of the public hearing, which was held for the purpose of assessing support for the establishment of this public charter school. Provide copies of supporting evidence.

Applicant Response:

Attach documentation to demonstrate that each of the following requirements of Arkansas Code Annotated § 6-23-302 was met:

A. The notice of the public hearing was published on a weekly basis for at least three (3) consecutive weeks prior to the date of the hearing in a newspaper having general circulation in the school district in which the school will likely be located.

B. The notice of the public hearing was not published in the classified or legal notice section of the newspaper.

C. The last publication date of the notice was no less than seven days prior to the public meeting.

D. Within seven calendar days following the first publication of the notice of the public hearing, emails announcing the public hearing were sent to the superintendent of each of the school districts from which the open- enrollment public charter school is likely to draw students for the purpose of enrollment and the superintendent of any district that is contiguous to the district in which the open-enrollment public charter school will be located.

2. Describe the governing structure of the open-enrollment charter school, including board composition, selection process, and responsibilities. Also describe the role of the administrators, faculty, parents, students, and community members in the leadership and decision-making of the school. As part of your response, answer the following specific questions:
A. Identify what individual, job position(s), or entity(s) will have final decision-making authority for the school in the areas of (1) finance and purchasing; (2) student discipline; (3) hiring and firing of staff; and (4) hiring and firing of the school director or superintendent.

B. Specify how the final decision-maker(s) identified in response to (A)(3) will be selected or elected, including (1) length of term, (2) method of selection or election, and (3) who will have the authority to participate in the selection or election process.

C. Explain how and to what extent the school's leadership will be accountable to parents.

Applicant Response:

3. Give the mission statement for the proposed charter school.

Applicant Response:

4. Describe the educational need for the school by responding to the following prompts.

Complete the following charts to include 2014 literacy and mathematics performance assessment data and graduation rates for the district in which the charter would be located and the schools closest to the proposed charter.

DISTRICT DATA - DISTRICT IN WHICH THE CHARTER WOULD BE LOCATED

District Name

District Status

LITERACY

2014 ESEA Report Percentage Achieving or Advanced

MATH

2014 ESEA Report Percentage Achieving or Advanced

Graduation Rate 2013-2014 2014 Report Card Percent Graduated

All Students (Combined)

Targeted Achievement Gap Group

African American

Hispanic

White/Caucasian

Economically Disadvantaged

English Language Learners/ Limited English Proficient

Students with Disabilities

CAMPUS DATA - ELEMENTARY SCHOOL CLOSEST TO THE PROPOSED CHARTER LOCATION

District Name

Campus Name

Grade Levels

Campus Status

LITERACY

2014 ESEA Report Percentage Achieving or Advanced

MATH

2014 ESEA Report Percentage Achieving or Advanced

All Students (Combined)

Targeted Achievement Gap Group

African American

Hispanic

White/Caucasian

Economically Disadvantaged

English Language Learners/ Limited English Proficient

Students with Disabilities

CAMPUS DATA-MIDDLE SCHOOL CLOSEST TO THE PROPOSED CHARTER LOCATION

District Name

Campus Name

Grade Levels

Campus Status

LITERACY

2014 ESEA Report Percentage Achieving or Advanced

MATH

2014 ESEA Report Percentage Achieving or Advanced

All Students (Combined)

Targeted Achievement Gap Group

African American

Hispanic

White/Caucasian

Economically Disadvantaged

English Language Learners/ Limited English Proficient

Students with Disabilities

CAMPUS DATA- HIGH SCHOOL CLOSEST TO THE PROPOSED CHARTER LOCATION

District Name

Campus Name

Grade Levels

Campus Status

LITERACY

2014 ESEA Report Percentage Achieving or Advanced

MATH

2014 ESEA Report Percentage Achieving or Advanced

Graduation Rate 2013-2014 2014 Report Card Percent Graduated

All Students (Combined)

Targeted Achievment Gap Group

African American

Hispanic

White/Caucasian

Economically Disadvantaged

English Language Learners/ Limited English Proficient

Students with Disabilities

Explain the educational need for the charter in light of the academic performance by the district in which the charter would be located and at the schools closest to the charter and other significant factors. Be certain to include the source for information presented.

Applicant Response:

If the performance of students at schools and or/districts not noted in the previous charts demonstrate the need for the charter, provide the student performance data and its source and explain.

Applicant Response:

Describe three (3) innovations that will distinguish the charter from other schools.

Applicant Response:

5. On the following table, list the specific measurable goals in reading, reading comprehension, and mathematics, based on the state mandated assessments, and any other assessment tools if used, for improving student academic achievement for each year of the public charter school's initial five-year period. For each goal, include the following:

* The tool to be used to measure the academic performance;

* The level of performance that will demonstrate success; and

* The timeframe for the achievement of the goal.

GOAL

Assessment Instrument for Measuring Performance

Performance Level that Demonstrates Achievement

When Attainment of the Goal Will Be Assessed

Explain how the attainment of the goals will demonstrate that the charter is meeting the identified educational need for the school and fulfilling its mission.

Applicant Response:

6. For elementary charter schools provide a daily schedule for all grade levels indicating the classes that will be provided for a one week time period.

For secondary schools, provide required and elective courses for every grade level. If the school plans to phase in grade levels, include expansion grade levels by year with courses to be offered.

Applicant Response:

7. Provide a description of curriculum, programs, and instructional methods used to support core classes. Include all associated costs in the proposed budget.

Applicant Response:

8. Describe the process that will be used to ensure all curriculum materials used in the educational program are aligned with the Arkansas Curriculum Frameworks and the Common Core state standards as adopted, and periodically revised, by the State Board of Education.

Applicant Response:

9. Describe the manner in which the school will make provisions for the following student services, even in each area for which a waiver is requested:
A) Guidance program;

Applicant Response:

B) Health services;

Applicant Response:

C) Media center;

Applicant Response:

D) Special education;

Applicant Response:

E) Transportation;

Applicant Response:

F) Alternative education, including Alternative Learning Environments;

Applicant Response:

G) English Language Learner (ELL) instruction

Applicant Response:

H) Gifted and Talented Program.

Applicant Response:

10. Describe the geographical area to be served by the charter. List all school districts within the geographical area likely to be affected by the open-enrollment public charter school.

Applicant Response:

11. Describe the plan for the school officials to provide an annual report to parents, the community, and the authorizer that demonstrates the progress made by the charter school during the previous academic year in meeting its academic performance objectives. (See ADE Rules Governing Standards for Accreditation of Arkansas Public Schools and School Districts.)

Applicant Response:

12. Describe the enrollment criteria and recruitment processes, that will provide an equal opportunity for all parents and students to learn about and apply for admission to the proposed public charter school.

Applicant Response:

Check which of the following enrollment preferences, as permissible in Arkansas Code Annotated § 6-23-306(14)(C), would be allowed at the charter school.

[] 1. Children of founding members of the charter.

[] 2. Siblings of enrolled students

[] 3. No enrollment preferences (No other boxes may be checked in order to select this option.)

If box 1 and/or 2 are checked, explain the policy.

Applicant Response:

It is affirmed that a random, anonymous student selection method will be utilized in the event that more students apply for admission to the open-enrollment public charter school than can be accommodated under the terms of the charter, except as allowed for in Arkansas Code Annotated § 6-23-306(14)(C).

[] Yes

[] No

Describe procedures for conducting an annual single lottery enrollment process, including the timeline for enrolling, the date of the lottery, the way in which students will be placed on waiting lists, and the process for notifying parents about each child's selection or order on the waiting list. Explain how the charter will ensure that the lottery process is transparent to the public.

Applicant Response:

If it is believed that the use of a weighted lottery is required by federal court or administrative order, explain and furnish a copy of the order.

Applicant Response:

13. Name any founders or board members of the proposed charter's sponsoring entity, management company staff, and/or leaders of the proposed charter who have any prior involvement in the operation of one or more other charter schools and complete a Prior Charter Involvement template for each individual listed.

Applicant Response:

14. Summarize the job descriptions of the school director and other key personnel. Specify the qualifications to be met by professional employees (administrators, teachers, counselors, etc.) of the program. List the types of administrative positions, teaching positions, and support positions for the school.

Applicant Response:

15. Explain how the school will conduct its business office. Tell about business office personnel and describe the plan for managing procurement activities, and the process by which the school governance will adopt an annual budget.

Applicant Response:

Complete the budget template showing a balanced budget with realistic expectations of revenue and expenditures.

Provide the minimum number of students who must attend the charter in order for the school to be financially viable. Describe the method used to calculate this number. Tell who made the calculations and describe the financial expertise of the individuals who assisted in this assessment.

Describe the contingency plan if fewer students than necessary for financial viability enroll before the first day of school. Provide a detailed explanation of the ways in which the charter leaders will provide the education program outlined in the application to fewer students that determined necessary for financial viability or a date certain by which charter leaders will notify the parents, leaders of surrounding districts and open-enrollment charters, and staff at the Arkansas Department of Education that the school will not open as anticipated.

Explain how charter leaders will provide the education program outlined in the application if enough students for financial viability enroll and are admitted but fail to arrive when school begins.

Describe preparations to pay for any unexpected, but necessary and possibly urgent expenses.

Applicant Response:

16. Describe the manner in which an annual audit of the financial and programmatic operations of the school will be conducted. If the school wishes to request that the authorizer allow a licensed accountant or licensed certified public accountant, rather than the Legislative Auditor, to perform the first-year audit, identify the accountant by name, firm, address, and phone number. The named accountant must meet the requirements of ADE Rules Governing Publicly Funded Educational Institution Audit Requirements, including the prohibition on auditors providing non-audit services (such as accounting or consulting services) to auditees. A school's preference as stated in this application may not be changed without prior approval of the authorizer.

Applicant Response:

17. It is affirmed that the public charter school will participate in the Arkansas Public School Computer Network, as required by state statute and by State Board of Education rule, for reporting both education data and financial data, including grant funds or private donations received directly by the charter school.

[] Yes

[] No

18. Describe the facilities to be used. Give the present use of the facility. If the facility to be used for the school is a facility of a school district, describe the terms established by the local school board of the district stipulating the relationship between the proposed public charter school and the district pertaining to the use of the facility. Attach a copy of the agreement, signed by the president of the local school board, the chair or president of the governing body of the proposed open-enrollment public charter school, and the chief operating officer of the proposed charter. If the facility is not operated by a school district, attach a copy of the Facilities Utilization Agreement, signed by the entity owning or operating the facility and the chief operating officer of the proposed charter. A proposed lease may also be submitted but is not required. Please note that any lease or other debt must be approved by the Commissioner of Education.

Applicant Response:

Identify the owner(s) of the proposed facility and describe their relationship, if any, with:

(1) Members of the local board of the public school district where the proposed open-enrollment public charter school will be located,

(2) Employees of the public school district where the proposed open-enrollment public charter school will be located,

(3) The eligible entity sponsoring the open-enrollment public charter school, or

(4) Employees/directors/administrators of the sponsoring entity or proposed open-enrollment public charter school.

Applicant Response:

The facility will be in compliance with all requirements for accessibility in accordance with the Americans with Disabilities Act (ADA) and Individuals with Disabilities Education Act (IDEA) and all other state and federal laws and local zoning ordinances.

[] Yes

[] No

If the facility does not currently meet these requirements, provide a list of items that will need to be addressed to bring the facility into compliance. Also include a statement of permissible uses for the facility from the local zoning authority, and whether there are any alcohol sales within 1,000 feet of the facility.

Applicant Response:

19. For each and every individual specifically identified by name in Section A of the application (the contact person, chief operating officer, board members, and other individuals), identify any family or financial relationship which may exist between that individual and:
(A) Any other individual specifically identified by name in Section A of the application;

(B) Any individual or entity with whom the sponsoring entity or charter school has contracted, or intends to contract, to provide any services or products for the proposed charter school; and/or

(C) The owner(s) of the facilities to be used.

For the purpose of this prompt, an individual has a financial relationship with another individual or entity if he or she:

(1) Receives compensation or benefits directly or indirectly from the entity or individual;

(2) Is an officer, director, partner, employee, or owner of more than 5% of the shares of an entity that is a corporation, partnership, sole proprietorship, or LLC; and/or

(3) Has a family member (spouse, sibling, parent or child, or the spouse employee, or owner of more than 5% of the shares of an entity that is a corporation, partnership, sole proprietorship, or LLC.

Applicant Response:

20. Describe the manner in which the school will make provisions for food services. State whether the proposed charter school will apply to participate in the federal National School Lunch program or other federal nutrition programs.

Applicant Response:

21. Describe how the parents or guardians of the enrolled students and other members of the community will be involved with the school to positively impact the charter school's educational programs.

Applicant Response:

22. Describe the potential impact of the proposed public charter school on the efforts of affected public school district(s) to comply with court orders and statutory obligations to create and maintain a unitary system of desegregated public schools.

Applicant Response:

23. Explain what the charter founders and other leaders are doing or will do to ensure the success of the charter school in perpetuity.

Applicant Response:

24. Complete the following table showing all sections of Title 6 of the Arkansas Code Annotated (Education Code) and State Board of Education rules, including the Standards for Accreditation of Arkansas Public Schools and School Districts, from which the public charter school seeks to be exempted in order to meet the goals of the school. Identify the specific statute, rule, or standard requested to be waived by title and number if applicable. Provide a rationale for each waiver requested that explains how the waiver will increase student achievement and how the increase in achievement will be measured.

Topic

Statute/ADE Rule/Standard to be Waived

Rationale

Tool to be Used to Measure Impact on Achievement

Level of Achievement that will Show Positive Impact

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Note: If any major area is zero, type explanation where items would be listed. Example: No funds budgeted for GT because of waiver.

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REQUIREMENTS FOR LETTER OF INTENT

To Apply for an Open-Enrollment Public Charter School

Applicants for open-enrollment public charter schools are required to send a one-page "Letter of Intent to Apply for an Open-Enrollment Public Charter School" to the Arkansas Department of Education.

Submit the signed letter of intent, via email, to the Arkansas Department of Education at the following email address no later than 4:00 p.m. on Tuesday, June 2, 2015, in order for the application to be considered by the authorizer during the 2015 application cycle:

ade. charterschools@arkansas.gov

Required format to be followed for the letter of intent:

1. The letter of intent is to be a one-page document;

2. Include the full legal name of the eligible entity which intends to apply for a charter. If the sponsoring entity is a non-profit organization, specify the name exactly as submitted on the Internal Revenue Service (IRS) application for non-profit status through 501(c)(3) of the Internal Revenue Code, and state whether the entity has already received 501(c)(3) status or has applied for 501(c)(3) status.

3. Include a contact person's name, full address, daytime telephone number, and email address;

4. Give a description of the eligible entity that is sponsoring the application;

5. Give the name of the proposed open-enrollment public charter school;

6. Describe the location of the proposed open-enrollment public charter school and state the school district in which the charter school would be located;

7. Identify the grade levels of students intended to be served by the open-enrollment public charter school;

8. Identify the number of students intended to be served by the open-enrollment public charter school; and

9. Provide a one-paragraph description of the purpose or special emphasis of the proposed school.

The designated contact person must sign the letter of intent to apply.

A copy of the letter of intent must be sent, via the same email transmission that the letter is sent to the Arkansas Department of Education, to the superintendent of the public school district where the proposed public charter school will be located.

2015 APPLICATION

OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL STATEMENT OF ASSURANCES

The signature of the president of the board of directors of the proposed public charter school's sponsoring entity certifies that the following statements are and will be addressed through policies adopted by the sponsoring entity and policies to be adopted by the public charter school; and, if the application is approved, that the sponsoring entity, governing body, administration, and staff of the open-enrollment charter shall abide by them:

1. The information submitted in this application is true to the best of my knowledge and belief, and this application has been sent to the superintendent of all the districts from which we intend to draw students.

2. The open-enrollment public charter school shall be open to all students, on a space- available basis, and shall not discriminate in its admission policy on the basis of gender, national origin, race, ethnicity, religion, disability, or academic or athletic eligibility, except as follows: the open-enrollment public charter school may adopt admissions policies that are consistent with federal law, regulations, or guidelines applicable to charter schools. The charter may provide for the exclusion of a student who has been expelled from another public school district.

3. The open-enrollment charter school shall hold an annual public lottery, followed with notifying parents of enrollment status for all applicants. The waiting list generated by the lottery will be maintained for one year.

4. In accordance with federal and state laws, the open-enrollment public charter school hiring and retention policies of administrators, teachers, and other employees shall not discriminate on the basis of race, color, national origin, creed, sex, ethnicity, sexual orientation, mental or physical disability, age, ancestry, or special need.

5. The open-enrollment public charter school shall operate in accordance with federal laws and rules governing public schools; applicable provisions of the Arkansas Constitution; and state statutes or regulations governing public schools not waived by the approved charter.

6. The open-enrollment public charter school shall not use the moneys that it receives from the state for any sectarian program or activity, or as collateral for debt.

However, open-enrollment public charter schools may enter into lease-purchase agreements for school buildings built by private entities with facilities bonds exempt from federal taxes under 26 USCS 142(a) as allowed by Arkansas Code Annotated § 6-20-402. No indebtedness of an open-enrollment public charter school shall ever become a debt of the state of Arkansas.

7. The open-enrollment public charter school shall not impose taxes or charge students tuition or fees that would not be allowable charges in the public school districts.

8. The open-enrollment public charter school shall not be religious in its operations or programmatic offerings.

9. The open-enrollment public charter school shall ensure that any of its employees who qualify for membership in the Arkansas Teacher Retirement System or the State and Public School Employee Insurance Program shall be covered under those systems to the same extent a qualified employee of a traditional school district is covered.

10. The employees and volunteers of the open-enrollment public charter school are held immune from liability to the same extent as other public school district employees and volunteers under applicable state laws.

11. The open-enrollment public charter school shall be reviewed for its potential impact on the efforts of a public school district or public school districts to comply with court orders and statutory obligations to create and maintain a unitary system of desegregated public schools.

12. The open-enrollment public charter school shall comply with all health and safety laws, rules and regulations of the federal, state, county, region, or community that may apply to the facilities and school property.

13. The applicant confirms the understanding that certain provisions of state law shall not be waived. The open-enrollment public charter school is subject to any prohibition, restriction, or requirement imposed by Title 6 of the Arkansas Code Annotated and any rule and regulation approved by the State Board of Education under this title relating to:
(a) Monitoring compliance with Arkansas Code Annotated § 6-23-101 et seq. as determined by the Commissioner of the Department of Education;

(b) Conducting criminal background checks for employees;

(c) High school graduation requirements as established by the State Board of Education;

(d) Special education programs as provided by this title;

(e) Public school accountability under this title;

(f) Ethical guidelines and prohibitions as established by Arkansas Code Annotated § 6-24-101 et seq., and any other controlling state or federal law regarding ethics or conflicts of interest; and

14. Health and safety codes as established by the State Board of Education and local governmental entities.

15. The facilities of the public charter school shall comply with all requirements for accessibility for individuals with disabilities in accordance with the ADA and IDEA and all other state and federal laws.

16. Should the open-enrollment public charter school voluntarily or involuntary close, the applicant confirms the understanding that any fees associated with the closing of the school including, but not limited to, removal of furniture, equipment, general expenses, etc., are the sole responsibility of the sponsoring entity. No indebtedness of any kind incurred or created by the open-enrollment public charter school shall constitute an indebtedness of the state or its political subdivisions, and no indebtedness of the open-enrollment public charter school shall involve or be secured by the faith, credit, or taxing power of the state or its political subdivisions. Upon dissolution of the open-enrollment public charter school or upon nonrenewal or revocation of the charter, all net assets of the open-enrollment public charter school, including any interest in real property, purchased with public funds shall be deemed the property of the state, unless otherwise specified in the charter of the open-enrollment public charter school. If the open-enrollment public charter school used state or federal funds to purchase or finance personal property, real property or fixtures for use by the open-enrollment public charter school, the authorizer may require that the property be sold. The state has a perfected priority security interest in the net proceeds from the sale or liquidation of the property to the extent of the public funds used in the purchase.

_________________ ____________________

Signature of President of the Sponsoring Entity Board of Directors Date

________________________

Printed Name

Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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