Public Charter School Review Team, Application, Contract Review and Renewal Process 3-95.1

School Board of the City of Virginia Beach
Regulation 3-95.1

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

Public Charter School Review Team, Application, Contract Review and Renewal Process

1. Establishment of Review Team

   Prior to consideration by the School Board, each charter school application will be reviewed by the Review Team. The Review Team shall be comprised of the following individuals: Chief Academic Officer, Assistant Superintendent for Planning, Innovation and Accountability, Chief Information Officer for Technology, Chief Human Resources Officer, Chief Operations Officer for Division Services, Director of the Office of Programs for Exceptional Children, Coordinator of Government and Administrative Affairs, Director of Business Services, and two members of the general public, one of whom supports the public charter school concept.

   The Assistant Superintendent for Planning, Innovation and Accountability shall chair the Review Team and act as the School Division contact for questions about the public charter school application process. All questions from charter school applicants prior to the actual submission of an application must be submitted in writing to the Assistant Superintendent for Planning, Innovation and Accountability. Responses from the School Division will be provided to the applicant in writing.

   The Review Team shall be responsible for: 1) recommending to the Superintendent the criteria for reviewing public charter school applications; 2) evaluating all public charter school applications based upon criteria approved by the Superintendent; 3) recommending to the School Board either rejection of an application or advancement into contract negotiations with an applicant; 4) participating, with the assistance of legal counsel, in contract negotiation with an applicant; 5) monitoring public charter school progress; 6) making recommendations regarding revocation, non-renewal, or renewal of a public charter school contract, including the renewal term of charter contracts.

2. Application
   1. Prior to the submission of an application to the School Board, the public charter school applicant shall submit its proposed charter school application to the Virginia Board of Education as set forth in Virginia Code § 22.1-212.9, as amended. Upon receipt of a determination from the Virginia Board of Education as to whether or not the application meets the Virginia Board of Education’s approval criteria, the charter school applicant may submit its public charter school application to the School Board pursuant to the application provisions in Section D of School Board Policy 3-95. No charter school application that is initiated by one or more local school boards is subject to Virginia Code § 22.1-213.9, as amended, with regard to submitting applications to the Virginia Board of Education
   2. An original plus twelve (12) copies of the completed application, together with a $700.00 application fee must be submitted to the Assistant Superintendent for Planning, Innovation and Accountability.
   3. Applications must be submitted for review no later than the last business day in August.
   4. The application deadline will be extended only in exceptional circumstances.
3. Review of Public Charter School Applications
   1. All applicants received in the Department of Planning, Innovation and Accountability by the established deadline shall be reviewed by the review team. Each member of the Review Team shall review each component of the application and rate the component as acceptable or unacceptable based upon established criteria approved by the Superintendent. A copy of the criteria shall remain on file and may be obtained from the Department of Planning, Innovation and Accountability.
   2. When necessary to evaluate an application, the School Division contact person may request an applicant to resubmit an application or to submit information required to complete an application. If the School Division contact requests resubmission of an application or the submission of additional information and the applicant fails to comply within thirty (30) days of the request, the application may be denied.
4. School Board Decision
   1. Annually during the month of November the Review Team will make a recommendation to the School Board either to reject an application or to enter into contract negotiations with an applicant. The recommendation by the Review Team will be based on the established criteria used to evaluate the application.
   2. The School Board shall hold a hearing for the purpose of taking public comment and permitting the applicant to present its charter school concept to the School Board before a decision is made by the School Board to reject an application or move forward with contract negotiations. The School Board will give at least fourteen (14) days notice of such hearing.
   3. If the School Board denies the application, revokes or fails to renew a charter contract, written reasons for such decision will be provided to the applicant, public charter school or the Virginia Board of Education and such reasons will be posted on the School Division’s website. The applicant or public charter school may file a petition for reconsideration within sixty (60) calendar days from the date it received the School Board’s decision. The School Board will make a decision regarding the petition for reconsideration after providing an opportunity for public comment. Upon reconsideration, the decision of the School Board shall be final and not subject to review.
5. Charter Contract
   1. Once the School Board accepts the recommendation of the Review Team to move forward with contract negotiations, the public charter school applicant and the review team, with the assistance of legal counsel, shall negotiate a contract which contains all agreements between the School Board and the public charter school.
   2. The School Division and the charter applicant shall sign a final contract no later than ninety (90) days prior to the opening of the school year for which the public charter school is scheduled for operation.
6. Public Charter School Renewal Procedures

   An existing public charter school seeking renewal of its contract must submit the requested documents by October 1 of the school year in which the charter expires. The public charter school renewal application must contain, but shall not be limited to, the following information:

   1. A report on the progress of the public charter school in achieving the goals, objectives, program and performance standards for students and any other terms and conditions agreed to in the charter contract;
   2. A financial statement, on forms prescribed by the Virginia Board of Education, that discloses the costs of administration, instruction, and other spending categories for the public charter school and that has been concisely and clearly written to enable the School Board and the public to compare such costs to those of other schools or comparable organizations;
   3. Any other information required by the School Board in its application for renewal.

   The Review Team shall make a recommendation to the School Board regarding the non-renewal or renewal, including renewal term, of the charter contract.

7. Revocation of a Charter

   The School Board may revoke a charter contract if:

   1. The public charter school violates the conditions, standards, or procedures established in the public charter school application;
   2. The public charter school fails to meet or make reasonable progress toward achievement of the content standards or student performance identified in the charter contract;
   3. The public charter school fails to meet generally accepted standards of fiscal management;
   4. The public charter school violates any provision of law from which the charter school was not specifically exempted;
   5. The public charter school violates a material term of the charter contract; or
   6. The School Board determines that it is not in the public interest or the welfare of the students within the division to continue the operation of the public charter school.
   7. The School Board’s decision to revoke is subject to reconsideration as set forth in Section D.

   The Review Team is responsible for periodic monitoring of public charter school progress and shall be responsible for making recommendations regarding the revocation of a charter to the School Board.

Legal Reference

Code of Virginia § 22.1-212.5, et seq., as amended. Objectives; definitions.

Approved by Superintendent: March 22, 1999
Revised by Superintendent: February 28, 2001
Revised by Superintendent: February 28, 2008
Revised by Superintendent: September 16 2011
Revised by Superintendent: July 23, 2013
Revised by Superintendent: October 6, 2014