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140. Charter Schools

Preamble

In order to provide students, parents, and community members an opportunity to establish alternate educational experiences to those offered by the District, the Board of School Directors shall evaluate applications submitted for charter schools located within the District, and for Regional Charter Schools in accordance with the requirements of Act 22 of 1997 and those established by the Board.

The District will cooperate with individuals and groups submitting proposals and applications for charter schools. Each charter school application shall demonstrate compliance with the requirements of the Charter School Law and any additional requirements established by the Board.

Definitions (24 P.S. 17-1703-A)

1. District means the School District of Springfield Township.
2. Appeal Board means the State Charter School Appeal Board established by the Charter School Law.
3. Charter School means an independent public school established and operated under a charter from the local board of school directors and in which students are enrolled or which students attend. A Charter School must be organized as a public, nonprofit corporation. Charters may not be granted to any for‑profit entity.
4. Department means the Department of Education for the Commonwealth of Pennsylvania.
5. Local Board of School Directors or Board means the board of school directors of a school district in which a proposed or approved Charter School is located. The Board of School Directors of the School District of Springfield Township will be referred to as the "Board" in this statement of policy.
6. Regional Charter School means an independent public school established and operated under a charter from more than one local board of school directors. A Regional Charter School must be organized as a public, nonprofit corporation.
7. School Entity means a school district, an intermediate unit, joint school, or area vocational-technical school.
8. Secretary means the State Secretary of Education of the Commonwealth of Pennsylvania.
9. Superintendent means the Superintendent of the School District of Springfield Township.
10. Board of Trustees means the board of trustees of a proposed or approved Charter School or Regional Charter School.
    

Procedure for Review of a Charter School Application

1. Individuals or groups desiring to submit an application shall do so on the application form prepared by the Superintendent and approved by the Board. Application forms and copies of the policy are available in the Office of the Superintendent.
2. The original and nine complete copies of the application (including a table of contents and appendices) and a similarly complete PDF version on disk or sent electronically are to be submitted to the Office of the Superintendent of Schools on or before November 15 of the year prior to the September initiation of the Charter School. The date of submission will be documented and receipt of the proposal will be acknowledged by letter addressed to the applicant(s). The date of submission will initiate the time period in which the District review must be completed. This review must result in Board action on the proposal within a time period of not less than forty-six (46) days and no more than one hundred twenty (120) days after submission.
3. The Superintendent shall forward copies of the Charter School application to the members of the Board. Announcement of the receipt of the application will occur at the next scheduled meeting of the Board and be documented as a matter or record.
4. Upon receipt of the application, the Board at the next regular business meeting, shall pass a resolution setting the first hearing date, establishing the procedures for the conduct of the hearing, and authorizing the administrative review as described in #5 (below) of this section.
5. The Superintendent will appoint a technical review team (Board Charter Education Committee)which shall include the Superintendent or designee, Solicitor (or attorney with Solicitor’s Office), Business Administrator, a Board Member, a representative of the STEA, and other members of the professional staff which may include central staff, building principals and/or teachers. The technical review team will be responsible for review of specific areas of the application as follows:
   1. The Solicitor will review the application to determine compliance with provisions of Act 22 and all other applicable statutory and/or regulatory requirements.
   2. The Business Administrator will direct a review of the application to determine the adequacy of provisions for budget, finance and insurance. The adequacy of the facilities identified in the application will be reviewed as well as compliance with any applicable township procedures.
   3. The Superintendent or Superintendent’s designee will direct a review of the application and an analysis of support services that the District will be obligated to commit to the Charter School. This analysis will include provisions for transportation, health, psychological, special education, and other services. The analysis will include an estimated projection of the cost or value of these services.
   4. The Superintendent or Superintendent’s designee will direct a review of the educational program described in the Charter School application. The review will consider matters which include, but are not limited to, the school calendar, length of instructional day, provisions for student assessment and the educational mission, goals, and objectives of the proposed program of instruction.
6. The Board will request additional information from the applicant if it finds the application incomplete or if additional information will assist in its determination.
7. This review will be compiled on the School District of Springfield Township Charter School Application Review Form prepared by the Superintendent and approved by the Board. After reasonable notice, the Board will schedule and conduct at least one (1) public hearing within forty‑five (45) days of the receipt of the Charter School application. The public hearing will require that the applicant(s) make a formal presentation to provide an overview and general orientation of the major elements of the proposed Charter School as well as review all major requirements of Act 22. Members of the Board and the Board Charter Education Committee will be provided the opportunity to question the applicant(s) about issues of interest and concern and about the operation of the proposed Charter School. The hearing will afford members of the general public the opportunity to offer testimony and comment on the Charter School application. A tape or video recorded record will be made. All public hearings shall be stenographically transcribed by a disinterested court stenographer at the expense of the Board.
8. The Board Charter Education Committee will formulate a recommendation for Board action on the Charter School application based upon information received in the public hearing, the results of the technical review and a qualitative review based upon criteria which include, but are not limited to
   1. Demonstrated and sustainable support for the Charter School by teachers, parents, other community members and students
   2. Capability of the Charter School to offer a comprehensive learning experience for all prospective students
   3. Capacity of the Charter School to offer increased learning opportunities for all, innovative teaching methods, new opportunities for teachers and expanded choices for parents and students
   4. Potential for the Charter School to serve as a model for the public schools.
   5. Whether there is sufficient evidence of commitment by both (1) Springfield Township residents and (2) other interested individuals to enroll their children in the proposed Charter School.
   6. The existence of a demographic study which shows the need for the school and the estimated number of students who would attend.
   7. Whether or not the educational program proposed by the Charter School is consistent with good educational theory and will actually benefit students who participate in the program.
   8. A financial plan of at least five years must be submitted along with an estimate of the minimum number of students needed for the school to be financially viable.
   9. Whether or not the financial plan for the Charter School would promote financial viability of the organization and is feasible to be implemented.
   10. The extent to which the proposed facilities of the applicant would provide a safe and appropriate place for learning.
9. The Board will take action on the Charter School application not less than forty-five days (45) and not more than seventy-five (75) days after the first public hearing on the application. A Charter School application shall be approved or denied by a majority vote of all Board members at a public meeting, in accordance with the provisions of the Sunshine Act.
10. Written notice of the decision of the Board shall be sent to the applicant, Department of Education and the Appeal Board. If applicable, the reasons for denial and a clear description of application deficiencies will be provided. The Board shall evaluate denied applications that are revised and resubmitted. This communication will be conveyed to all parties involved by the Board Secretary.
    

Term and Form of Charter

1. Upon approval of an application to establish a Charter School, the Board and the Board of Trustees of a Charter School shall develop a written charter, which will be signed by the Board and the Board of Trustees. The charter shall be for a term of not less than three years nor more than five. Upon satisfactory confirmation that the Charter School is conforming to the charter, the Board may renew the charter for subsequent terms of five years.
2. The written charter shall include conditions required by law or otherwise agreed to by the Board and the Board of Trustees including provisions that:
   1. The Board of Trustees shall comply with all conditions of the charter, the Charter School Law and the provisions of the Act of March 10, 1949 (P.L. 30, No. 14) as amended and known as the Pennsylvania School Code which apply to charter schools.
   2. The Charter School and the Board of Trustees shall comply with other applicable state laws and regulations, including pertinent sections of 22 Pa. Code set forth in the Charter School Law.
   3. The Charter School and the Board of Trustees shall acquire adequate liability and risk insurance coverage equal to or higher than the District limits of insurance, which names the District as an additional named insured.Coverage must be placed with a responsible insurance carrier with an insurance rating of AM Best or better.
   4. The Board of Trustees and the Charter School shall be solely liable for any and all damages and costs of any kind resulting from legal challenges involving the operation and/or other actions of the Board of Trustees, the Charter School and its employees.
   5. The Board shall have the right to annually assess whether the Charter School is meeting the goals of its charter. This condition shall require the Charter School to submit an annual report to the Board not later than August 1 of each year in the form prescribed by the Secretary. The Board shall have ongoing access to the records and facilities of the Charter School to ensure that the Charter School is in compliance with the charter, and the requirements of the Charter School Law.
   6. The Board of Trustees and the Charter School shall not discriminate in employment practices or admissions based on disability, race, creed, color, gender, national origin, religion, ancestry or the need for special education services.
   7. Define agreements, if any, between the Board and the Board of Trustees concerning services to be provided by the District to the Charter School and concerning participation by Charter School pupils in District extracurricular activities.
   8. Define any other terms or conditions deemed necessary by the Board or other terms and conditions agreed to by the Board of Trustees.
      

Oversight, Review, Renewal or Revocation of Charter

1. The Board, in addition to granting or denying charter, retains the authority to revoke or terminate a charter in accordance with the provisions of Act 22.
2. The Charter School shall submit a copy of its annual report to the Secretary of Education to the Board of School Directors in accordance with 24 PS Sec. 1728-A.(B).
3. The Board will annually establish a visiting committee to assess whether a Charter School is complying with the terms and conditions of its charter and meeting the goals of its charter. The visiting committee may request additional information to supplement the required annual report.
4. The visiting committee shall have ongoing access to the records and facilities of the Charter School in order to ensure that the Charter School is in compliance with its charter, Board policy, and applicable laws.
5. The chairperson of the visiting committee shall accept, record, and investigate any complaints about the conduct of the Charter School.
6. A Charter School shall submit monthly enrollment figures and financial reports to the District in a format defined by the Superintendent.
7. Prior to granting a charter renewal, the Board will conduct a comprehensive review of the Charter School. Any changes to the original charter must be brought forth to the District within thirty (30) days.
8. The Board may choose to revoke or not to review a charter based on any of the following reasons:
   1. One or more material violations of the written charter.
   2. Failure to meet the requirements for Student Performance set forth in State Board of Education regulations and/or the written charter.
   3. Failure to meet generally accepted standards of fiscal management or audit requirements.
   4. Violations of any provisions in the Charter School Law.
   5. Violations of any provisions of state or federal law from which the Charter School has not been exempted, including any statute or regulation governing children with disabilities.
   6. (1) The Charter School has committed fraud as determined by the Pennsylvania Department of Education or law enforcement authorities, (2) any director or officer of the Charter School has been criminally convicted of or plead guilty to fraud or found civilly liable for fraud in their involvement with the Charter School or (3) any director or officer of the Charter School has been criminally convicted of or plead guilty to fraud or found civilly liable for fraud outside of their involvement with the Charter School, but is a director/officer at the time of the renewal.
      
   Any notice of revocation or of non-renewal of a charter given by the Board will state the grounds for such action with reasonable specificity. The Board shall conduct a public hearing concerning such revocation or non-renewal in accordance with the Charter School Law. In cases where the health or safety of the pupils and/or staff is at risk, the Board may take immediate action to revoke a charter.
   

Miscellaneous Provisions

1. The Board may approve a leave of absence for a period of up to five years for an employee of the District to work in a charter school located in the District or in a regional charter school in which the District is a participant.
2. Any temporary professional employee or professional employee granted a leave of absence to teach in a Charter School by the District has the right to return to a comparable position for which this person is properly certified. The District shall not be obligated to accept the return of an employee on leave to teach in a Charter School unless the request to return is made no later than March 30 and the return is effective at the beginning of the next school year. No temporary professional employee or professional employee who leaves employment at a Charter School shall be reinstated until the District is in receipt of a current criminal history report and an official clearance statement regarding child injury or abuse from the Department of Public Welfare. A temporary professional employee on leave from the District to teach in a Charter School shall be required to complete three consecutive years of satisfactory service to be eligible for tenure.
3. At its sole expense, the Charter School shall provide teachers on leave from the District the same health care benefits the District would have provided in the absence of the leave. District health benefits shall be reinstated when the teacher returns from leave.
4. If the Charter School closes during the course of an academic year, the District may assign returning students to any school for the balance of that academic year at its sole discretion.
5. The District may include Charter School staff members in staff development programs when so requested by the Charter School on a case by case basis. The Charter School shall pay pro rata costs for participating Charter School staff. In the event that a limited number of openings in such programs are available for Charter School staff, preference shall be given to Charter School staff on leave from the District.
6. Students of the Charter School who reside in the District and who meet all District eligibility requirements may participate in District athletics and club activities if the Charter School does not offer the same athletic or club activity.
7. A Charter School and the District may arrange for the District, at its discretion, to provide certain services to the Charter School at the expense of the Charter School including, but not limited to, curriculum services, in‑service training custodial services, maintenance services, payroll and benefits services, and food services. Such arrangements will be set out in the charter or in contracts mutually agreed to by the Board and the Board of Trustees.
8. The District will provide pupil transportation for pupils enrolled in a Charter School or a Regional Charter School consistent with the Charter School.