Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-24-053.

     Title of Rule and Other Identifying Information: Charter schools; authorizer oversight fee; Charter school applications -- Timeline; Board certification of charter schools -- Lottery; and computation of time.

     Hearing Location(s): Federal Way School District, 33330 8th Avenue South, Federal Way, WA 98003, on May 8, 2013, at 3:00 p.m.

     Date of Intended Adoption: May 9, 2013.

     Submit Written Comments to: Jack Archer, Senior Policy Analyst, Washington State Board of Education (SBE), Old Capitol Building, Room 253, P.O. Box 47206, Olympia, WA 98504, e-mail jack.archer@k12.wa.us, fax (360) 586-2357, by May 1, 2013.

     Assistance for Persons with Disabilities: Contact Jack Archer by May 6, 2013, TTY (360) 725-6025 or (360) 725-6035.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to receive public testimony on proposed rules to RCW 28A.710.110 Authorizer oversight fee -- Establishment -- Use, 28A.710.140 Charter applications -- Submission -- Approval or denial, and 28A.710.150 Maximum number of charter schools -- Process -- Certification -- Lottery -- Notice. The anticipated effects of the rules are as follows:

     1. Establish a statewide formula for an authorizer oversight fee under RCW 28A.710.110 of four percent of each charter school's annual state operating funding, and of three percent after an authorizer has authorized ten charter schools.

     2. Establish an annual statewide timeline for charter application submission and approval or denial that must be followed by all authorizers under RCW 28A.710.140(1), which timeline includes the annual date by which an authorizer must issue and publicize a request for proposals for charter school applications under RCW 28A.710.130(1), the date by which an authorizer receiving an application for a charter school must either approve or deny the proposal, and the date by which an authorizer must submit a report to the SBE under RCW 28A.710.150(2) on actions to approve or deny a charter application.

     3. Establish a procedure for a lottery process under RCW 28A.710.150(3) to select approved charters for implementation, when the number of charter approvals reported to the SBE exceeds the number that may be certified within the limits on the maximum number of charter schools allowed under this statute.

     4. Define "days" for the purpose of rules to chapter 28A.710 RCW.

     Statutory Authority for Adoption: RCW 28A.710.110, 28A.710.140, and 28A.710.150.

     Statute Being Implemented: RCW 28A.710.110, 28A.710.140, and 28A.710.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: SBE, governmental.

     Name of Agency Personnel Responsible for Drafting: Jack Archer, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6035; Implementation and Enforcement: Ben Rarick, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6025.

     A school district fiscal impact statement has been prepared under section 1, chapter 210, Laws of 2012.

     Part IV: Capital Budget Impact: None.

     A copy of the statement may be obtained by contacting JoLynn Berge, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, phone (360) 725-6292, e-mail jolynn.berge@k12.wa.us.

     A cost-benefit analysis is not required under RCW 34.05.328. None required.

April 3, 2013

Ben Rarick

Executive Director

OTS-5373.1

     (2) The board shall periodically review the adequacy and efficiency of the authorizer oversight fee for the purpose of determining whether the formula should be adjusted in order to ensure fulfilling the purposes of chapter 28A.710 RCW. In conducting the review, the board shall utilize the information on authorizers' operating costs and expenses included in the annual report submitted to the board by each authorizer as set forth in RCW 28A.710.100(4).

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     (2) An authorizer receiving an application for a proposed charter school must either approve or deny the proposal by no later than October 15th of the year in which the application is received; Provided, however, that for applications received in 2013, the authorizer must approve or deny the proposal by no later than January 22, 2014.

     (3) The authorizer must provide the state board of education with a written report of the approval or denial of an applicant's proposal for a charter school within ten days of such action, but no later than October 25th, whichever is sooner. Provided, however, that for proposals for charter schools received in 2013, the report must be received within ten days of the action, but no later than February 1, 2014, whichever is sooner. The notice must comply with the requirements set forth in RCW 28A.710.150(2). The report shall be sent to the board via electronic mail to sbe@k-12.wa.us.

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     (2) If the board receives notification of charter approvals under this section on the same day, and the total number of approvals exceeds the limits in RCW 28A.710.150(1), the board will select approved charters for certification through a lottery process as follows:

     (a) The board shall notify the authorizer that the approved charter school has not been certified by the board for operation and must be selected for certification through a lottery.

     (b) Within thirty days after determining that the limit for charter schools has been exceeded, the board shall conduct a lottery, as required by RCW 28A.710.150(3), at a publicly noticed meeting to select and certify approved charters for implementation. The board shall randomly draw the names of charter schools from the available pool of approved charter schools that have not been certified until the maximum allowable total number of charter schools has been selected.

     (i) A charter school shall be certified by the board for operation commencing in the following school year so long as the total number of charter schools that may be established in any single year under RCW 28A.710.150 is not exceeded.

     (ii) Once the total number of charter schools that may be established in any single year under RCW 28A.710.150 is exceeded, the board shall certify a charter school for operation in a subsequent year based upon the charter's selection in the lottery.

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     (2) If a specific due date is established under this chapter, and that date falls on a Saturday, Sunday, or official state holiday, such period is automatically extended to the end of the next business day.

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