julia martin, esq. [email protected] brette kaplan, esq. [email protected] steven spillan, esq....
TRANSCRIPT
JULIA MARTIN, [email protected] KAPLAN, ESQ.
[email protected] SPILLAN, ESQ.
[email protected] BRUSTEIN & MANASEVIT, PLLC
WWW.BRUMAN.COMSPRING FORUM 2013
1
A Look at the Charter School
Landscape
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Agenda2
Spotlight on Charter SchoolsCharter Schools 101National TrendsRecent LegislationEquity IssuesESEA FlexibilityCivil Rights Charter School Program
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Spotlight on Charter Schools3
Charter schools gained prominence during the Bush Administration, following passage of the No Child Left Behind Act
Obama Administration continues to support public charter schools
Conservatives see charters as an avenue for “school choice”
Congress is poised to increase the attention and spotlight on charter schools
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Charter Schools 101
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What is a Charter School?5
Independent public school designed and operated by parents, educators, community leaders, education entrepreneurs and others.
Operates under a contract, or charter, from a public agency, such as a local or state education agency, an institution of higher education or a municipality.
Must meet standards set forth in their charters for students and for the school as a whole, or else the chartering agency can close the school.
Source: https://www2.ed.gov/nclb/choice/charter/charter-faq.htmlBrustein & Manasevit, PLLC
What is a Charter School?6
Nonsectarian, publicly funded school of choice exempt from certain State and local regulations.
In return for reduced governmental regulation, charter schools agree in charter to be held accountable for academic and financial performance.
May operate as its own LEA, or as part of another LEA
Source: The Office of Innovation and Improvement’s Oversight and Monitoring of the Charter Schools Program’s Planning and Implementation Grants, ED/OIG Final Audit Report (September 2012)
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What is a Charter School?7
According to ESEA, Section 5210(1), a charter school is a public school that is: Per State CS authorizing laws, exempt from
significant State or local rules inhibiting flexible operation & management of public schools;
Created or adapted by developer, & operated under public supervision & direction;
Operates to pursue specific educational objectives determined by school’s developer & agreed to by authorized public charter agency;
Provides elementary or secondary education, or both;
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What is a Charter School?8
ESEA, Section 5210(1) -- (continued) Complies with civil rights laws (ADA, Title VI, Title
IX, Section 504, IDEA); Complies with Federal and State audit requirements; Complies with Federal, State, and local health and
safety requirements; Operates according to State law; Has written performance contract with authorized
public charter agency describing how student performance will be measured for State assessments required by other schools and assessments mutually agreeable to authorizer and charter school;
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ESEA, Section 5210(1) -- (continued) Nonsectarian in all operations (programs,
admissions, employment, etc.); Not affiliated with sectarian school or religious
institution; Does not charge tuition; School parents choose to send child to or admits
students based on lottery when necessary.
What is a Charter School?
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Charter School Authorizers10
State charter school laws assign authorizers National Association of Charter School
Authorizers identified 6 types of authorizers:1. IHEs2. Independent chartering boards3. LEAs4. Mayors/Municipalities5. Not-for-profit organizations6. SEAs
Authorizers: Approve charter applications Oversee and ensure compliance Review and renew contracts Close charter schools
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Charter School Authorizers11
After approving application, authorizer drafts charter contract outlining: Time period of CS contract; Requirements for governing board & bylaws; Exemptions to traditional school legal obligations; Performance goals; Number of schools allowed under charter; Fiscal goals; and Reporting requirements
Authorizers responsible for monitoring school progress and compliance
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Charter Schools are Autonomous12
Despite detailed contracts, charter schools usually have more freedom and flexibility than traditional public schools
Charter schools can: Extend school day/week Extend school year Increase instructional time in a particular subject Make independent staffing decisions Try a new curriculum Try a new instructional method Pay for performance Offer extensive tutoring Etc.
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Charter Schools & Public Funds13
How are public charter schools funded? Money follows student If a student transfers from a traditional public school
to a public charter school, the funding associated with that student follows him or her to the public charter school
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Charter Schools & Accountability14
Are charter schools accountable for state educational standards? YES!
Required to meet all Federal and State education standards
Charter documents and chartering contracts establish student achievement goals that must be met
Accountable to supervising entity (LEA or SEA)
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Charter Schools & Financial Accountability
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How are charter schools held financially accountable? Funded with public dollars Audits
If applicable, conduct single audit Single Audit Act: expend $500K or more per
year in Federal funds Ongoing reviews from authorizing entities
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National Trends in Charter Schools
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State Charter School Laws17
Minnesota passed first charter school law in 1992.
As of November 2012, 42 States and DC have laws specifically authorizing and governing charter schools
Two States made changes to charter school law in November 2012 elections: WA approved charters for the first time GA changed state constitution to clarify availability of
charters
8 States don’t have charter school laws AL, KY, MT, NE, ND, SD, VT, WV
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State Charter School Laws: Differences
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Charter school laws differ greatly from State to State
Common differences:1. The types of charter schools that can operate in the
State;2. The limit, if any, on the number of charter schools that
can operate in the State;3. The type & number of authorizing entities in the State;4. The level of legal autonomy & requirements charter
schools are exempt from; and5. The level of fiscal autonomy & funding a charter school
receives
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Increasing Numbers
Overall, huge growth in number of charters and number of charter students in recent years
In 2009-10: More than 1.6 million students
In 2011: More than 5000 charter schools nationwide Serving 2.3 million students (about 3% of total) There are 100 cities where charters serve 10% of students or more (25 cities where it’s
>20%)
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Measuring Charter Growth20
Development of charter schools began in 1990s to provide expanded educational options within the public school system
Since 2007-08: 1,700 new public charter schools (almost 50% increase) Serving additional 1 million students (80% increase)
From 2011-12 to 2012-13, an estimated additional 200,000 to 275,000 students attending public charter schools
In 2012-13 school year alone, over 500 new public charter schools
Source: National Alliance for Public Charter Schools, Dashboard Data from 2012-2013, http://www.publiccharters.org/publication/?id=929
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By the Numbers21
Students enrolled in charter schools nationwide: 63% = Students of color 52% = Eligible for free or reduced-price lunch 16.5% = LEP 11.9% = Have IEP
Charter school geography: 54% in large cities 22% in suburban communities 9% in towns 15% in rural areas
Source: National Alliance for Public Charter Schools, March 2013 Brustein & Manasevit, PLLC
Push to Remove Caps
Currently, 25 States (including DC) have caps on the number of charter schools
Different types of caps: Number of schools chartered/number of active
charters Number of students in charter schools Limits to annual growth in number of schools or % of
students in chartersWhy remove caps?
Allows growth of good models, competition in charter “market”
BUT caps incentivize closure of unsuccessful models/problem schools
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Push for More Authorizers
According to 2011 survey by National Association of Charter School Authorizers: 1000 chartering authorities nationwide 850 are LEAs
LEAs authorize 52% of charters
Why more authorizers? More charters Process moves more quickly Less bias?
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Increase in State/Local Voucher Programs
Basic idea: “funding portability”In 2011, 15 States had some kind
of voucher/tax credit program 42 more were considering legislation
Some cities have similar programs E.g., Los Angeles, Rochester, Newark,
Boston
Support from members of Congress
Specifics of programs – and degree of “portability” varies
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National Trends: Parent Trigger Laws25
Generally, parent trigger laws allow parents to petition to transform a failing public school Transformations can include conversion to a charter Requests not always granted Most States require that school is first designated as
low-performing for two to three years
Proponents say triggers give parents a voiceCritics say:
Triggers work to privatize and corporatize public schools (charters can be run by for-profit corporations)
Can allow schools to circumvent union protections for teachers
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National Trends: Parent Trigger Laws26
20 States have or are currently considering parent trigger bills First parent trigger law: CA, passed 2010 Existing parent trigger laws in: LA, MS, CT, TX, IN,
OH, CA
CA, IN, TX considering revisions to trigger laws
CA is only State where parent trigger petition has been used (twice) Both requests blocked by legal challenges
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Recent Legislation
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Democrats and Charters
Seen as an option in healthy school ecosystem
Generally supportiveBUT not a solution for all
students
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Republicans and Charters
Charters as part of “school choice” system “Market”-based approach to e Charters as viable option that drive competition
for other schools
Money should follow the child Romney: “linked to the student” Cantor (R-VA): funding portability
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Empowering Parents through Quality Charter Schools Act
H.R. 2218 (112th Congress)Sponsored by Rep. Duncan Hunter (R-
CA)Goal is to “streamline and modernize”
the Charter School ProgramCurrent program “outdated” and “not
meeting the needs of the charter school community”
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Empowering Parents through Quality Charter Schools Act
Consolidates existing funds into State grant program With additional flexibility on State level to
support new startups and expansion/replication of successful models
States must describe how they will include ELLs, students with disabilities
Expands current Charter School Program grant period from 3 years to 5 years
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Empowering Parents through Quality Charter Schools Act
Gives priority in funding to States that: Repeal charter school caps Allow other entities to be charter authorizers
(not just SEA/State board) Provide charter financing comparable to
traditional public schools Support “full-blended” or “hybrid-online”
models Are using charter transformation as a form of
intervention for low-performing schools
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Empowering Parents through Quality Charter Schools Act
Consolidates Credit Enhancement Grant and Facilities Incentive Grant into CSP, with the option for the Secretary to award funds for facilities
Option for Secretary to provide funding directly to individual charters In States that don’t get CSP grants
Support TA, dissemination of best practices
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Empowering Parents through Quality Charter Schools Act
Support Passed House Committee 6/22/11
Bipartisan support (34-5) including George Miller (D-CA) and Jared Polis (D-CO)
Passed House of Representatives 9/13/11 Bipartisan support (365-54)
Included in text of Harkin ESEA bill (marked up October 2011)
Introduced as stand-alone in Senate 9/15/11
Future This legislation or something similar is likely to pass
in next large education bill
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Race to the Top Act of 201335
H.R. 426Sponsored by Rep. Jared Polis (D-CO)Designed to boost “comprehensive reforms”
and “innovative strategies”Would create a competitive grant program
for applicants that agree to implement one or more specific innovations, including “creating or maintaining successful conditions for high-performing charter schools”
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21st Century Charter School Act36
S. 88Sponsored by Sen. David Vitter (R-LA)Would amend ESEA Charter School ProgramWould makes public & private nonprofit entities
eligible for grants (currently only SEAs)Would allow grantees to award subgrants to
developers or charter support organizationsPrioritizes applicants in States with no cap, high
degree of charter autonomyCreates 2 new grants for:
Charters and operators to disseminate best practices Developing credit enhancement initiatives that help with
costsBrustein & Manasevit, PLLC
Charter Schools & Equity Issues
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Geography
More than half of all charter schools are located in major cities Not an option for many students, especially those
from rural areas
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Segregation?
2012 University of Wisconsin study 43% of black charter school students attended
schools that were 99% minority Compared with 15% of black student population
in traditional public schools Minneapolis: 44% of charter schools were 80% or
more non-white2012 Civil Rights Project at UCLA study:
Higher percentage of charter schools than traditional public schools are “racially isolated”
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Segregation?
What are causes?Self-selection? Intentional
segregation?Geography? Schools prioritizing
growth over equity?Charter advocates say
schools comply with all applicable civil rights requirements
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Students with Disabilities
Attend charter schools at much lower rates2012 GAO Report to Congress found that in
2009-10, student with disabilities made up: 11.1% of total school-age population 11.2% of traditional public school population 8.2% of charter school population
(up from 7.7% in 2008-9) Varies by State
In NH, students with disabilities make up 6% of charter school population; 13% overall
In IA, MN, NV, NM, OH, PA, VA, WY, about the same as % of total population
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Students with Disabilities
Why? GAO doesn’t know
Possible explanations: Placement by charter/LEA Location of schools Parent preference/student need School capacity/resources Funding
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Recommendations to States on Equity43
ED’s Equity and Excellence Commission: Ensure funding equity Ensure access to publicly reported data for all public schools
including charters Work with Congress to promote research and evaluation of
the effect of charter schools on equity and access to public education
University of Colorado National Education Policy Center: Explicitly require that charter schools "enhance equitable
educational outcomes for all students, particularly those who have historically struggled."
Ensure that charter schools are in compliance with all federal laws, including civil rights laws
Employ increased federal-level data collection and accountability measures.
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ESEA Flexibility
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Charters & ESEA Flexibility45
From ED’s ESEA Flexibility FAQsESEA flexibility principles apply to charter
schools SEA must include charters in its plan for transitioning
to CCR standards and assessments; differentiated accountability system; teacher and principal evaluation & support systems; all AMOs must apply to charters
Title I-participating public charters can be labeled “reward,” “priority,” or “focus” schools
Charter school authorizer’s decision to close a charter overrides SEAs labeling of a charter
http://www2.ed.gov/policy/eseaflex/esea-flexibility-faqs.doc
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Charters & ESEA Flexibility46
Which State entity is responsible for ensuring CS-LEA or charter school complies with State’s accountability system? ESEA requires State charter school law governs
Generally means authorizer is responsible for accountability
BUT under ESEA flexibility, SEA establishes AMOs and accountability system, authorizer (or entity under State CS law responsible for accountability) should maintain close contact with SEA to ensure receiving current and accurate information
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Charters & ESEA Flexibility47
Is a CS-LEA included in SEA’s differentiated recognition, accountability, and support system as an LEA or school? CS-LEA is subject to recognition, accountability, and
support provisions applicable to schools. For flexibility purposes, SEA treats ALL charter
schools, regardless of LEA status, as schools SEA includes CS-LEAs when identifying reward,
priority, and focus schools
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Charters & ESEA Flexibility48
Can authorizer impose more rigorous accountability requirements on CS than SEA’s differentiated system requires? YES ESEA flexibility does not prohibit charter contracts
exceeding SEA’s minimum requirements
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Caution: Each State’s approved waiver varies, so be sure to consult the waiver/appropriate staff regarding any new or modified requirements!
Charters & ESEA Flexibility
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Civil Rights
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Civil Rights Laws51
Charter schools must comply with federal civil rights laws, including: Title VI of the Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Section 504 of the Rehabilitation Act of 1973 Title II of the Americans with Disability Act Age Discrimination Act of 1975
If charter is part of LEA LEA responsible for civil rights compliance
If charter receives federal funds from SEA or its designee SEA also responsible
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Civil Rights Data Collection52
CRDC collects data from public schools nationwide Enrollment Services disaggregated by race/ethnicity, sex, LEP, &
disability
Used by OCR for enforcement and monitoringUsed by other offices, agencies, policymakers
& researchersCharter schools must comply with OCR’s data
collection efforts
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Helpful Resource53
Applying Federal Civil Rights Laws to Public Charter Schools, Questions and Answers ED/OCR guidance, May 2000 Reviews civil rights requirements applicable to
charter schools, including: recruitment, admissions, lotteries, desegregation, services to LEP students and students with disabilities
Archived online at: http://www2.ed.gov/offices/OCR/archives/pdf/charter.pdf
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Resource for Charter Schools Serving ELLs
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NAPCS Serving English Language Learners: A Toolkit for Public Charter Schools (April 2013) Provides key federal laws & policies; examples of state
laws; and framework for developing, implementing and monitoring ELL instructional program
Discusses charter schools serving ELLs School opening, recruitment, admissions, identification,
assessment, program requirements, teacher qualifications, exiting students from ELL program, monitoring and parental communication
http://www.publiccharters.org/data/files/Publication_docs/NAPCS_ELL_Toolkit_04.02.13_20130402T114313.pdf
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Case Study: Food Allergies55
Mystic Valley Regional Charter School State Hearing Officer decision required school to
ban all peanut products from child’s classroom due to life threatening allergy
School failed to make undue hardship/burden argument
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Case Study: Diabetes Care56
University Legal Services and American Diabetics Association filed complaint with ED
13 DC charter schools enrolled diabetic students and failed to provide enough staff trained to give insulin shots and other medical care
CS did not have written plans to provide diabetic students with accommodations (ex: eating and drinking when necessary)
As of December 2012, all but 2 CS corrected problem
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Charter School Program
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CSP Generally
Designed to support the planning, development, and initial implementation of charter schools during their first three years of existence
Provides dissemination grants to facilitate the sharing of practices between charter schools and other public schools
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CSP Generally
ED awards grants to SEA or to “eligible applicants” If SEA does not apply, “eligible
applicants” can apply directly to ED Program requires a State charter
school law, and charters must meet a 12 part definition in Section 5210(1) (no waivers permitted for the definition of a charter school)
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CSP Start-Up Grants
May not exceed period of 3 years Post-award planning and design of the educational
program (18 month limit) Refinement of educational results, methods for
measuring progress, professional development of teachers who will work in school
Initial implementation of the charter school (24 month limit) Informing community about school, acquiring necessary
equipment and other educational materials, other initial operational costs that cannot be met from State or local sources
So, if 18 months on planning, only 18 more permitted for implementation
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CSP Dissemination
2 year periodPurpose: Helping charters overcome:
Political conflictVariations in qualityChallenges to meaningful
collaboration/ experience sharingDifficulties to “scaling-up” effective
approaches Isolation of the charter school
community, to share experience with traditional public schools
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CSP Dissemination
Only qualifying charter schools are eligible for the dissemination grant:In operation for 3 consecutive years, and
Shown substantial improvement in student achievement
Have high levels of parental involvement Include management and leadership that have
overcome start-up issues and are thriving SEA may reserve up to 10% of CSP grant
to support dissemination activities
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CSP Dissemination
Dissemination grants have not thrived Challenges remain:
Between 2000 - 2005, few States had considerable charters meeting the minimum eligibility requirements
Charters had difficulty identifying non-charter schools that were interested in participating in dissemination activities
Few States conducted evaluations of their statewide dissemination grant programs
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CSP and Private Schools
Private schools do not meet the definition of a charter school under the ESEA
Cannot receive CSP fundsCan’t make the switch to get CSP funds:
ESEA does not recognize conversions of private schools into public charter schools
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CSP and For-Profits
A for-profit entity does not qualify as an eligible CSP applicant
A non-profit charter school receiving CSP funds may enter into a contract with a for-profit entity to manage the charter school on a day-to-day basis The non-profit entity must directly administer or
supervise the administration of the CSP project Non-profit recipient is directly responsible for
CSP compliance
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CSP and Religious Schools
Public charter schools must be non-religious in programs, admissions policies, governance, employment practices and all other operations.
The charter school’s curriculum must be completely secular.
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CSP Assurances
New assurances added to CSP applicationLanguage in FY 2010 Consolidated
Appropriations Act
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CSP Assurance 3A
Each authorized charter school in the State operates under a legally binding charter or performance contract between itself and the school’s authorized public chartering agency which must: Describe the obligations and responsibilities of the
school and the public chartering agency; Conduct annual, timely, and independent audits of the
school’s financial statements that are filed with the school’s authorized public chartering agency; and
Demonstrate improved student academic achievement.
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CSP Assurance 3B
Authorized public chartering agencies use increases in student academic achievement for all groups of students as the most important factor when determining to renew or revoke a school’s charter
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CSP Assurance 3B
Increased student achievement across all subgroups:
Economically disadvantaged students; Students from major racial and ethnic
groups; Students with disabilities; and Students with limited English
proficiency
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OIG Report on CSP Oversight
Released September 2012Findings:
ED did not conduct sufficiently effective oversight; ED’s process for ensuring States effectively monitor
subgrantees is in need of improvement; and ED did not ensure that States have adequate
monitoring procedures for handling charter school closures.
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OIG Report – SEA Findings
Did not adequately monitor charter schools receiving the SEA grant;
Did not have adequate methodologies to select charter schools for onsite monitoring visits; and
Did not monitor the authorizing agencies.Insufficient procedures for closing charter
schools and recovering SEA grant funds from the institutions.
No written State requirements for how unspent funds can be given back by closed charter schools.
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OIG Recommendations to ED
Develop and implement policies and procedures “issuing and tracking corrective action plans for each monitoring finding or specific recommendation made as a result of monitoring reports produced, and monitoring grantee fiscal activities;”
Establish and implement requirements for SEAs to develop a monitoring plan explaining the extent of monitoring that will be conducted during an SEA grant cycle;
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OIG Recommendations (Cont.)
Provide necessary guidance and training to SEAS for the development and implementation of procedures to ensure SEAs have effective monitoring and fiscal controls for tracking the use of funds; and
Ensure SEAs have procedures to properly account for SEA grant funds spent by closed charter schools and for disposal of assets purchased with SEA grant funds in accordance with Federal regulations.
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Questions???
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