Delaware Administrative Code
Title 14 - Education
200 - Administration and Operations
275 - Charter Schools
Section 275-2.0 - Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

"Accountability Committee" means any Charter School Accountability Committee established by the Department to review and report to the Department as provided in Sections 511 and 515 of the Charter School Law.

"Annual report" means a report submitted by the charter school to the approving authority, the Department, and State Board of Education and posted publicly on the school's website. The report shall contain the information and follow the prescribed format required by statute.

"Applicant" means a legal entity organized under the Delaware General Corporation Law that has applied to the Department for, but not yet received, a charter to operate a charter school, or the renewal or modification of such a charter, as the context indicates.

"Audit" means an informal financial, programmatic, or compliance audit of a charter school.

"Charter contract" means an agreement between the authorizer and the charter school. A school enters into a charter contract with the authorizer that clearly defines the respective roles, powers, and responsibilities for the school and approving authority and incorporates the provisions of the Performance Agreement.

"Charter holder" means the legal entity organized under the Delaware General Corporation Law to which a charter is issued by the Department with the approval of the State Board.

"Charter school" means a public school that is operated under a charter granted by, or transferred to, the Department or other authorizing body pursuant to 14 Del.C. Ch. 5.

"Charter School Performance Fund" means a fund established pursuant to 14 Del.C. § 509(m) with eligibility guidelines and criteria to evaluate applications developed by the Department. The Fund shall be subject to appropriation as outlined in Delaware Code.

"Department" means the Delaware Department of Education.

"Department's Annual Charter Report" means a report prepared by the Department for the Governor, General Assembly, and State Board of Education in accordance with 14 Del.C. Ch. 5. The report shall be presented on or before February 1st of each year and is posted on the Department's public website.

"Financial audit" means the audit required to be conducted pursuant to 14 Del.C. § 513(a).

"First instructional day" means the first day a charter school is open with students in attendance.

"Formal review" means the lawful investigation of a charter school to determine whether the school is violating the terms of its charter. Formal reviews may include on-site visits, inspection of educational records and other documents, and interviews of parents, charter school employees and others with knowledge of the school's operations and educational programs.

"Founding Board of Directors" means the Board of Directors of an applicant at the time the original application for a charter is filed with the Department.

"High-need students" means students that qualify as low economic status pursuant to Department determination, to include students with disabilities and English Learners.

"Impact" means the positive and negative effect that a new charter school or charter school expansion, if it should be approved, is projected to have upon the surrounding area and the education system of the state. Information regarding impact may, by itself or in combination with other factors, form the basis for conditions being placed on the approval of a new charter school or modification. Impact shall include educational, financial, and community information.

"Parent" means the natural or adoptive parent, or the legal guardian, of a student enrolled in the charter school. "Parent" also includes individuals authorized to act as Relative Caregivers under the provisions of 14 Del.C. § 202(e)(2).

"Performance agreement" means the document which describes the academic performance expectations, identifies economic viability requirements, defines organizational responsibilities, and outlines accountability of the charter school. An approved Performance Agreement is for a specified term and uses a uniform format as prescribed by the Department with the assent of the State Board of Education. The Performance Agreement is enforceable as part of the school's charter contract.

"Performance framework" means a rubric based tool established by the Department with the assent of the State Board of Education, as amended from time to time, which contains the details, includes multiple measures, and is used by the Department to assess compliance with the Performance Agreement in the areas of academic performance, economic viability, organizational responsibilities and accountability of the charter school. The completed frameworks will be provided to the Charter School Accountability Committee, Secretary and State Board of Education to inform their decision making.

"Performance review" means the process by which the charter school's compliance with its Performance Agreement is evaluated annually to inform renewal, major modification and formal review decisions. Compliance with the charter and the Performance Agreement, as assessed through the Performance Framework, is the basis for the Performance Review. Analysis and results will be reported in the Department's Annual Charter Report.

"Renewal" means the approval of an application to continue operating an existing charter school occurs in accordance with 14 Del.C. § 514A.

"Secretary" means the Secretary of the Delaware Department of Education.

"State Assessment System" means the statewide assessment used to measure student achievement of the Delaware academic content standards including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities, and other assessments such as, but not limited to, the National Assessment for Educational Progress (NAEP), a college readiness assessment, an assessment for English Learners (ELs), a norm-referenced assessment that may be administered or required as determined by the Department.

"State Board" means the Delaware State Board of Education.