WSR 13-24-115 PROPOSED RULES STATE BOARD OF EDUCATION [Filed December 4, 2013, 9:11 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-08-065.
Title of Rule and Other Identifying Information: WAC 180-19-220 Oversight of authorizers—General provisions, 180-19-230 Oversight of authorizers—Special review, 180-19-240 Oversight of authorizers—Notice of identified problems, 180-19-250 Oversight of authorizers—Revocation of authorizing contract, and 180-19-260 Authorizer oversight—Transfer of charter contract.
Hearing Location(s): New Market Skills Center, Tumwater, Washington, on January 8, 2013 [2014], at 1:45 p.m. - 2:15 p.m.
Date of Intended Adoption: March 6, 2014.
Submit Written Comments to: Jack Archer, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504, e-mail jackarcher@k12.wa.us, fax (360) 586-2357, by January 3, 2014.
Assistance for Persons with Disabilities: Contact Denise Ross by December 31, 2013, TTY (360) 664-3631 or (360) 725-6025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rules is compliance with RCW 28A.710.120(7), which requires the state board of education (SBE) to establish timelines and a process for taking actions under this section in response to performance deficiencies by a school district board of directors that has been approved as a charter authorizer under RCW 28A.710.090 and WAC 180-19-010 through 180-19-040. The proposed rules establish specific powers, duties and procedures for the SBE in carrying out its responsibility for oversight of the performance of authorizers under RCW 28A.710.120, and clarity to authorizers as to the manner in which this oversight will be conducted. The rules include provisions for:
(1) SBE procedures for general oversight of authorizers under the authority granted by RCW 28A.710.120(1);
(2) Special reviews under RCW 28A.710.120(2), including definitions of the statutory "triggers" for such special reviews under this subsection, the handling of complaints about an authorizer or its portfolio of schools, timelines, and the results of a special review;
(3) Notice to an authorizer under RCW 28A.710.120(4) of identified authorizing problems, and opportunity for authorizer response;
(4) Revocation of the authorizing contract by the SBE, including definition of the statutory grounds for revocation, notice to the authorizer of SBE intent to revoke, and notice of revocation if the authorizer fails to remedy identified violations or deficiencies, with opportunity for the authorizer to seek an adjudicative proceeding under the authority set forth in RCW 28A.710.120 (3) and (5);
(5) Transfer of charter contracts held by the authorizer, in the event of revocation, to the Washington charter school commission, including provisions for obtaining the mutual consent of the commission and each charter school governing board for the transfer, transfer of student records and data to the new authorizer, and notification to parents of the transfer as provided for in RCW 28A.710.120(6).
Statutory Authority for Adoption: RCW 28A.710.120.
Statute Being Implemented: RCW 28A.710.120 (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, (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.
SCHOOL DISTRICT FISCAL IMPACT STATEMENT
Part I: Estimates:
No fiscal impact. Fiscal impact is indeterminate.
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.
WAC 180-19-220(3) says that the SBE shall utilize information including but not limited to the annual authorizer reports submitted to the board under RCW 28A.710.100, all reports and data submitted to the office of superintendent of public instruction under chapter 28A.710 RCW, charter contracts and the findings of any special review conducted under RCW 28A.710.120. The board will require submission of or access to materials or data from the authorizer deemed reasonably necessary to evaluate the performance and effectiveness of the authorizer.
Similarly, per WAC 180-19-230, C, SBE can request additional information in the event of investigating a complaint.
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.
None.
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.
Expenditures to be incurred by the charter school authorizers are indeterminate. The majority of what is required of authorizers for SBE to conduct their review is already required by law. The additional expense lies in whatever the state board requires to be reviewed or submitted as reasonably nec3essary [necessary] to evaluate the performance and effectiveness of the authorizer.
Since this request will vary on a case-by-case basis, there is no way to come up with a reasonable cost estimate that authorizers will experience.
Part III: Expenditure Detail:
III. A – Expenditures by Object or Purpose: Indeterminate.
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. None required.
December 3, 2013
Ben Rarick
Executive Director
NEW SECTION
WAC 180-19-220 Oversight of authorizers—General Provisions.
(1) The state board of education is responsible under RCW 28A.710.120 for oversight of the performance and effectiveness of all authorizers approved under RCW 28A.710.090. This oversight is ongoing and is not limited to the specific actions and procedures described in these rules. For the purposes of the board's rules governing the oversight of authorizers, the term "authorizer" means a school district board of directors that has been approved to be a charter school authorizer under RCW 28A.710.090. (2) In reviewing or evaluating the performance of authorizers against nationally recognized principles and standards for quality authorizing, the board will compare the authorizer's performance to the standards for quality set forth in the Principles and Standards for Quality Charter School Authorizing, 2012 edition, published by the National Association of Charter School Authorizers. A link to this publication shall be posted on the board's public web site. (3) In carrying out its responsibilities for overseeing the performance and effectiveness of authorizers under RCW 28A.710.120, the board shall utilize information including, but not limited to, the annual authorizer reports submitted to the board under RCW 28A.710.100, all reports and data submitted to the office of the superintendent of public instruction under chapter 28A.710 RCW, charter contracts, and the findings of any special review conducted under RCW 28A.710.120(2). The board will require submission of or access to materials or data from the authorizer deemed reasonably necessary to evaluate the performance and effectiveness of the authorizer. (4) The board may contract for services with persons or entities having relevant expertise in the performance of its duties under RCW 28A.710.120. (5) The board may conduct site visits to charter schools in an authorizer's portfolio for the purpose of conducting oversight of the performance of an authorizer under these rules. The board shall provide reasonable notice to the authorizer and the charter governing board prior to a site visit. (6) In carrying out its duties for oversight of the performance and effectiveness of authorizers under RCW 28A.710.120, the board shall respect the principal role and responsibility of the authorizer for monitoring and oversight of the charter school under RCW 28A.710.100, and the authority of the charter school board to manage and operate the charter school under RCW 28A.710.030 and the terms of its charter contract.
NEW SECTION
WAC 180-19-230 Oversight of authorizers—Special review.
(1) The board is authorized, upon a determination of persistently unsatisfactory performance of an authorizer's portfolio of charter schools, a pattern of well-founded complaints about the authorizer or its charter schools, or other objective circumstances, to conduct a special review of an authorizer's performance. The purpose of the special review is to determine the need for additional action by the board as provided in these rules. (2) "Persistently unsatisfactory performance of an authorizer's portfolio of charter schools" shall consist, for any school or schools, of: (a) Repeated failure to meet the expectations for academic performance set forth in the charter contract including, but not limited to, applicable state and federal accountability requirements, without evidence of a trend indicating the school will meet those expectations. (b) Repeated failure to meet the financial performance targets within the charter contract; (c) Repeated failure to meet the targets for organizational performance within the charter contract; (3) "A pattern of well-founded complaints" means multiple complaints that are found by the board to be supported by sufficient factual information alleging that an authorizer is not in compliance with a charter contract, its authorizing contract, or its authorizer duties, including the failure to develop and follow nationally recognized principles and standards for charter authorizing. (a) Any individual or entity may submit a written complaint to the board about an authorizer or its charter schools. The complaint should state in specific terms the alleged violation of law, failure to comply with a charter contract or its authorizing contract, or failure to develop and follow nationally recognized principles and standards for charter authorizing. The complaint must be signed and dated and provide contact information for use by the board in requesting additional information as deemed needed. The board shall post a standard form for submission of complaints on its public web site. (b) Upon receipt, the board shall transmit the complaint to the authorizer for its written response, which shall be submitted to the board within thirty days of receipt. (c) The board may request additional information from the complainant or the authorizer as deemed necessary to investigate the complaint. (d) If the complaint is determined not to be well-founded, the board shall notify the complainant in writing and the board shall not be required to take further action. (e) If the complaint is determined to be well-founded, the board shall provide written notification of such determination to the complainant and the authorizer. (4) "Other objective circumstances" include, but are not limited to, failure of the authorizer or its charter schools to comply with an applicable state or federal law or regulation, or evidence that a charter school is not operating in a manner that fulfills the requirements of its charter contract or has a substantial risk of becoming operationally unable to fulfill those requirements. (5) The board must provide written notice to the authorizer of initiation of a special review, documenting the reasons for the decision to conduct the review. The board must provide opportunity for the authorizer to respond in writing to the specific determinations of the need for the review. (6) The board shall submit a written report of the results of the special review to the authorizer and other interested persons. The report may include recommended corrective actions. The report shall be posted on the board's public web site.
NEW SECTION
WAC 180-19-240 Oversight of authorizers—Notice of identified problems.
(1) If at any time the board finds that an authorizer is not in compliance with a charter contract, its authorizing contract, or the authorizer duties under RCW 28A.710.100, it shall provide the authorizer with written notification of the identified problems with specific reference to the charter contract, the authorizing contract, or the authorizer duties under RCW 28A.710.100. (2) The authorizer shall respond to the written notification and remedy the problems within a specific time frame as determined reasonable by the board under the circumstances. (3) Nothing in this section requires the board to conduct a special review under WAC 180-19-XXX before providing an authorizer with notice of identified problems.
NEW SECTION
WAC 180-19-250 Oversight of authorizers—Revocation of authorizing contract.
(1) Evidence of material or persistent failure by an authorizer to carry out its duties according to nationally recognized principles and standards for charter authorizing is grounds for revocation of an authorizer's chartering contract. This may include: (a) Failure to comply with the terms of the authorizing contract between the authorizer and the board; (b) Violation of a term of the charter contract between the authorizer and a charter school; (c) Demonstrated failure to develop and follow chartering policies and practices that are consistent with the principles and standards for quality charter authorizing developed by the National Association of Charter School Authorizers in any of the following areas, as required by RCW 28A.710.100: (i) Organizational capacity; (ii) Soliciting and evaluating charter applications; (iii) Performance contracting; (iv) Ongoing charter school oversight and evaluation; (v) Charter renewal decision making. (2) Notice of intent to revoke. If the board makes a determination, after due notice to the authorizer and reasonable opportunity to effect a remedy, that the authorizer continues to be in violation of a material provision of a charter contract or its authorizing contract, or has failed to remedy other identified authorizing problems: (a) The board shall notify the authorizer in writing that it intends to revoke the authorizer's chartering authority under RCW 28A.710.120. The notification to the authorizer shall explain and document the reasons for the intent to revoke chartering authority. (b) The authorizer shall, within thirty days of notification, submit a written response showing clearly that the authorizer has implemented or will promptly implement, a sufficient remedy for the violation or deficiencies that are the stated grounds for the intent to revoke chartering authority. (3) Notice of revocation. If the authorizer fails to provide a timely written response or if the response is deemed inadequate by the board to meet the requirement set forth in subsection (1) of this section: (a) The board shall provide the authorizer with written notice of revocation of the authorizer's chartering authority. The notice of revocation shall state the effective date of revocation, which shall not be sooner than twenty days from the date of receipt of the notice of revocation by the authorizer unless a timely notice of a request for an adjudicative proceeding is filed as set forth herein. (b) The authorizer may request an adjudicative proceeding to contest the revocation. The request for an adjudicative proceeding must be submitted in writing by the authorizer to the board within twenty days of receipt of the notice of revocation at the following address: Old Capitol Building P.O. Box 47206 600 Washington St. S.E., Room 253 Olympia, Washington 98504 Any adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act (APA).
NEW SECTION
WAC 180-19-260 Authorizer oversight—Transfer of charter contract.
(1) In the event that a notice of revocation is provided to the authorizer under WAC 180-19-XXX, any charter contract held by that authorizer shall be transferred, for the remaining portion of the charter term, to the Washington charter school commission on documentation of mutual agreement to the transfer by the charter school and the commission. (2) Documentation of mutual agreement shall consist of a written agreement between the charter school board and the commission, signed and dated by the chair or president of the charter school board and the chair of the commission. The agreement shall include any modification or amendment of the charter contract as may be mutually agreed upon by the charter school board and the commission. (3) The commission shall submit the agreement to the state board of education. The board shall review the agreement and on a determination that the requirements of these rules have been met, issue written certification of the transfer of the charter contract to the charter school governing board and the commission. (4) On certification by the board of the transfer of the charter contract, the prior authorizer shall transfer to the commission all student records and school performance data collected and maintained in the performance of its duties as an authorizer under RCW 28A.710.100 and 28A.710.170. (5) The commission, in consultation with the charter school governing board, shall develop and implement a procedure for timely notification to parents of the transfer of the charter contract and any modifications or amendments to the charter included in the memorandum of understanding.
| ||||||