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SOUTH EASTERNSCHOOL DISTRICT
No. 140SECTION: PROGRAMSTITLE: CHARTER SCHOOLSADOPTED: September 2, 2005REVISED: November 20, 2008June 18, 2009140. CHARTER SCHOOLS1. PurposeSC 1702-AIn order to provide students, parents/guardians and community members anopportunity to establish and maintain schools that operate independently from thisschool district, the Board shall evaluate applications submitted for charter schoolslocated within the district, in accordance with the requirements of law and thoseestablished by the Board.The Board shall work cooperatively with individuals and groups submittingproposals and applications for charter schools.2. DefinitionsSC 1703-A,1715-A,1717-ACharter School means an independent, public school established and operated undera charter from the local Board and in which students are enrolled or attend. A charterschool must be organized as a public, nonprofit corporation; and charters may not begranted to any for-profit entity nor to support home education programs.SC 1703-A Local Board of Directors (Board) means the Board of School Directors of theschool district in which a proposed or approved charter school is located.SC 1703-A,1718-ARegional Charter School means an independent, public school established andoperated under a charter from more than one local Board and approved by anaffirmative vote of a majority of all Board members of each of the school districtsinvolved.Regional Charter School means an independent public school established andoperated under a charter from more than one local Board and approved by anaffirmative vote of a majority of all Board members of each of the school districtsinvolved.Appeal Board means the State Charter School Appeal Board established by theCharter School Law.SC 1715-A The Board of Trustees of a charter school shall be classified as public officials.3. AuthorityTitle 22Sec. 4.4,4.12,413The Board shall ensure that each charter school application provides appropriateassurances of compliance with the requirements of the Charter School Law, StateBoard regulations, and any additional requirements established by the Board.
 
140. CHARTER SCHOOLS - Pg. 2Page 2 of 5SC 1717-A The Board shall evaluate submitted applications for charter schools based on thecriteria established by law and any additional criteria, determined by the Board as setforth below:1.
 
The demonstrated, sustainable support for the charter school plan byteachers, parents, other community members and students, includingcomments received at the public hearings.2.
 
The capability of the charter school applicant, in terms of support andplanning, to provide comprehensive learning experiences to studentspursuant to the adopted charter.3.
 
The extent to which the application considers the information requested andconforms to the legislative intent of the Charter School Law.4.
 
The extent to which the Charter School may serve as a model for other publicschools.5.
 
The extent to which the applicant demonstrates the manner in which it willprovide a free and appropriate public education to all students eligible forspecial education in accordance with individualized education plans.6.
 
The extent to which the applicant demonstrates existing tangible educationalresults for its program or that the program that it intends to implement hasachieved demonstrable results.7.
 
The extent to which the applicant will apply any quality assessment criteriaor quality assurance standards generally utilized by the school district.8.
 
The acceptance of standards for assessment and evaluation of students, whichare at least as rigorous as those utilized by the school district.9.
 
Documented financial resources sufficient to insure delivery of a qualityeducation to students.10.
 
The adoption of a disciplinary code and due process procedures applicable tostudents, which provide at least the same student rights as exist under theregulations of the State Board of Education.11.
 
A plan demonstrating that the applicant will recruit and accept students withextraordinary social, economic and/or educational needs.12.
 
The extent to which the applicant will provide a program which will deliver,at least in part, educational services that are not currently provided by theschool district.13.
 
The extent to which the applicant's program will assure a stable studentpopulation without excessive turnover.14.
 
The extent to which the applicant will utilize child accounting proceduresthat are at least as stringent as those used by the school district.SC 1702-A,1719-ASC 1717-A65 P.S. 701 et seqA charter school application shall be approved or denied by a majority vote of allBoard members at a public meeting, in accordance with the provisions of law.
 
140. CHARTER SCHOOLS - Pg. 3Page 3 of 5
Written notice of the Board’s decision shall be sent to the applicant, Department of 
Education and the Appeal Board, including reasons for denial and a clear descriptionof application deficiencies if the application is denied. The Board shall evaluatedenied applications that are revised and resubmitted.SC 1720-A Upon approval of a charter application, the Board and the charter school's Board of Trustees shall sign the written charter, which shall be binding on both. The chartershall be for a period of three (3) to five (5) years and may be renewed for five-yearperiods by the Board.The Board shall not cap nor limit the number of district students enrolling in acharter school, unless agreed to by the charter school as part of the written charter.SC 1724-A The Board may approve a leave of absence for up to five (5) years for a districtemployee to work in a charter school located in the district of employment or in aregional charter school in which the employing district is a participant, and theemployee shall have the right to return to a comparable position in the district. TheBoard at its discretion may grant tenure to a temporary professional employee onleave from this district to teach in a charter school located in the district, uponcompletion of the appropriate probation period.SC 1728-ATitle 22Sec. 4.13The Board shall annually assess whether each charter school is meeting the goals of its charter and shall require each charter school to submit an annual report no laterthan August 1 of each year.SC 1728-A The Board shall conduct a comprehensive review prior to granting a five-yearrenewal of the charter.SC 1728-A The Board shall have ongoing access to the records and facilities of the charterschool to ensure that the charter school is in compliance with its charter, Boardpolicy and applicable laws.In cases where the health or safety of the charter school's students, staff or both is atserious risk, the Board may take immediate action to revoke a charter.SC 1729-ASC 1727-A The Board affirms that the Board of Trustees and the charter school shall be solelyliable for any and all damages and costs of any kind resulting from any legalchallenges involving the operation of a charter school. The local Board shall not beheld liable for any activity or operation related to the program of a charter school.A charter school shall execute a "hold harmless" agreement indemnifying andinsuring/agreeing to defend the school district for any and all kinds of liability sothat the school district and Board are protected in any litigation related to theoperation of a charter school.
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