WSR 13-16-088 PROPOSED RULES STATE BOARD OF EDUCATION [Filed August 6, 2013, 11:45 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-08-065.
Title of Rule and Other Identifying Information: Charter schools—Annual report by authorizer.
Hearing Location(s): ESD 105, 33 South 2nd Avenue, Yakima, WA 98902-3486, on September 11, 2013, at 2:15 p.m.
Date of Intended Adoption: September 11, 2013.
Submit Written Comments to: Jack Archer, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, e-mail jack.archer@k12.wa.us, fax (360) 586-2357, by September 4, 2013.
Assistance for Persons with Disabilities: Contact Denise Ross by September 6, 2013, TTY (360) 664-3631 or (360) 725-6025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 28A.710.100 enumerates the powers and duties of charter authorizers. Subsection (4) requires each charter authorizer to submit an annual report to the state board of education (SBE) according to a timeline, content and format specified by the board. Rule making is needed to set the annual date by which the report must be submitted, to specify the information to be submitted, as necessary, and to establish the form and manner in which the report must be submitted.
Anticipated effects of the proposed rules are to clarify the requirements for authorizer reports under this section and to ensure that the SBE information needed to carry out its duties for oversight of school district authorizers under RCW 28A.710.120, and to meet the requirement of RCW 28A.710.250 to submit an annual report on the state's charter schools for the preceding school year to the governor, legislature and general public.
Specific effects of the proposed rules include:
Statutory Authority for Adoption: RCW 28A.710.100.
Statute Being Implemented: Chapter 28A.710 RCW (Initiative 1240).
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; Implementation and Enforcement: Ben Rarick, Old Capitol Building, 600 Washington Street S.E., Olympia, WA.
A school district fiscal impact statement has been prepared under section 1, chapter 210, Laws of 2012.
SCHOOL DISTRICT FISCAL IMPACT STATEMENT
Part I: Estimates:
Estimated Expenditures From:
Estimated Capital Impact: No estimated capital impact.
Part II: Narrative Explanation:
II. A – Brief Description Of What the Measure Does That Has Fiscal Impact: Briefly describe by section, the significant provisions of the rule, and any related workload or policy assumptions, that have revenue or expenditure impact on the responding agency.
School districts that chose [choose] to become authorizers will be required to review and approve charter school applications, develop charter school policies and practices, ongoing charter school oversight and evaluation, and annual reporting to the SBE would include a report on academic and financial performance of each charter school. In order to complete the report, authorizers must play an active role in the tasks listed above, therefore the cost of performing those tasks are included in this estimate.
II. B – Cash Receipts Impact: Briefly describe and quantify the cash receipts impact of the rule on the responding agency, identifying the cash receipts provisions by section number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.
Cash receipts due to charter school authorizers amount to four percent of the overall allocation paid to each charter school. The overall amount is indeterminate, because we have no way of accurately projecting all of the variables that would generate a charter school's allocation. These receipts can be used by charter school authorizers to offset, either partially or entirely, the expenditures outlined in the section below.
II. C – Expenditures: Briefly describe the agency expenditures necessary to implement this rule (or savings resulting from this rule), identifying by section number the provisions of the rule that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing functions.
This fiscal impact statement does not project the total amount of charter school authorizers that will operate. Therefore the costs assumed are per authorizer per school year.
Per authorizer, per school year, performing these tasks would require three hundred twenty hours of administrator time, one hundred twenty hours of classified time, and $5,000 per year in additional cost to prepare statements according to generally accepted accounting principles which is a more stringent reporting baseline than the school district accounting manual.
An additional $5,000 of legal costs for application and policy review would be required (per authorizer) for the first year only.
Part III: Expenditure Detail:
III. A – Expenditures by Object or Purpose.
Expenditures are detailed per authorizer per year.
Fiscal Impact Statement:
Part IV: Capital Budget Impact: None.
A copy of the statement may be obtained by contacting Thomas J. Kelly, Old Capitol Building, 600 Washington Street S.E., Olympia WA, phone (360) 725-6031, e-mail thomas.kelly@k12.wa.us.
A cost-benefit analysis is not required under RCW 34.05.328.
August 6, 2013
Ben Rarick
Executive Director
NEW SECTION
WAC 180-19-210 Annual report by authorizer.
(1) Each authorizer must, no later than November 1st of each year starting in 2014, submit an annual report to the state board of education meeting the requirements of RCW 28A.710.100(4). The board shall develop and post on its web site by September 1st of each year a standard form which must be used, and instructions which must be followed, by each authorizer in making its report. The completed report must be sent via electronic mail to sbe@k12.wa.us and shall be posted on the board's web site. (2) The report must include: (a) The date of authorizer approval by the board; (b) The names and job titles of district personnel having principal authorizing responsibilities, with contact information for each; (c) An executive summary including, but not limited to, an overview of authorizing activity during the prior year and the status and performance of the charter schools authorized; (d) The authorizer's strategic vision for chartering, as submitted to the state board under WAC 180-19-030 (3)(a), and its assessment of progress toward achieving that vision; (e) The status of the authorizer's charter school portfolio, identifying all charter schools in each of the following categories: (i) Approved but not yet open, including, for each, the targeted student population and the community the school hopes to serve; the location or geographic area proposed for the school; the projected enrollment; the grades to be operated each year of the term of the charter contract; the names of and contact information for the governing board, and the planned date for opening; (ii) Operating, including, for each, location; grades operated; enrollment, in total and by grade, and at-risk students served, in total and as percent of enrollment; (iii) Charter renewed, with date of renewal; (iv) Charter transferred to another authorizer during the prior year, with date of transfer; (v) Charter revoked during the prior year, with date of and reasons for revocation; (vi) Voluntarily closed; (vii) Never opened, with no planned date for opening. (f) The academic performance of each operating charter school overseen by the authorizer, based on the authorizer's performance framework, including: (i) Student achievement on each of the required indicators of academic performance in RCW 28A.710.170 (2)(a) through (f), as applicable by grade, in absolute values and in relation to the annual performance targets set by the charter school under RCW 28A.710.170(3). Student academic proficiency, student academic growth, achievement gaps, graduation rates and postsecondary readiness must be included as reported in the achievement index developed by the state board of education under RCW 28A.657.110. (ii) Student achievement on each additional indicator of academic performance the authorizer has chosen to include in its performance framework to augment external evaluations of performance, in absolute values and in statistical relation to the annual performance targets set by the authorizer under RCW 28A.710.170. (iii) Student achievement on each indicator must be disaggregated by major student subgroups, including gender, race and ethnicity, poverty status, special education status, English language learner status, and highly capable status as required of performance frameworks in RCW 28A.710.170. (g) The financial performance of each operating charter school overseen by the authorizer, based on the indicators and measures of financial performance and sustainability in the authorizer's performance framework; (h) The authorizer's operating costs and expenses for the prior year for fulfilling the responsibilities of an authorizer as enumerated in RCW 28A.710.100(1) and provided under the terms of each charter contract, detailed in annual financial statements that conform with generally accepted accounting principles and applicable reporting and accounting requirements of the office of the superintendent of public instruction; (i) The contracted, fee-based services purchased from the authorizer by the charter schools under its jurisdiction under RCW 28A.710.110, including a brief description of each service purchased and an itemized accounting of the revenue received from the schools for the services and the actual costs of these services to the authorizer.
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