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Senate Bill 446: An Overview of Authorizer and Charter School Accountability to the Charter Schools Act 2012 SPRING BUD

Senate Bill 446: An Overview of Authorizer and Charter School Accountability to the Charter Schools Act 2012 SPRING BUDGET WORKSHOP MARCH 28-30, 2012 KELLY CALLAHAN, INTERIM DIRECTOR OPTIONS FOR PARENTS . Increase number of effective charter schools. SB 446

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Senate Bill 446: An Overview of Authorizer and Charter School Accountability to the Charter Schools Act 2012 SPRING BUD

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  1. Senate Bill 446: An Overview of Authorizer and Charter School Accountability to the Charter Schools Act 2012 SPRING BUDGET WORKSHOP MARCH 28-30, 2012 KELLY CALLAHAN, INTERIM DIRECTOR OPTIONS FOR PARENTS

  2. Increase number of effectivecharter schools • SB 446 Amends sections of the Charter Schools Act. • Application and separate from the contract that will merge • Contract terms prescribed by the law • Establishes required reporting requirements both charter and authorizer • Conflict of interest provisions

  3. SB 446: Who will this effect? When? • All new charters and their authorizers after July 1, 2012 • All renewing charters and their authorizers after July 1, 2012

  4. SB 446: BILL SUMMARY • Defines the authorizers’ authority and responsibilities; • Requires an application and a contract with defined material terms; • Performance framework part of Contract; • Authorizer oversight and reporting duties; • Required process prior to nonrenewal, revocation; • Closing protocols; and • CSD Reporting

  5. SENATE BILL 446 – 2011 LEGISLATIVE SESSION • Codified in the following sections of the Charter Schools Act: • §22-8B-5.2; Conflicts of Interest • §22-8B-5.3; Chartering authority, powers, duties, liabilities • §22-8B-8; Charter application contents • §22-8B-9; Charter school contract; contents rules

  6. SB 446 New sections continued… • §22-8B-9.1;Performance Framework • §22-8B-12; … oversight and corrective actions, site visits… • §22-8B-12.1; school closure, chartering authority protocols; chartering authority duties; distribution of assets • §22-8B-17.1; Division; annual report

  7. §22-8B-5.2; Conflicts of Interest • No financial interest by governing body member in a entity that the school contracts with. • Individual liability for knowing violation. • Chartering authority member may not serve on charter’s governing body. • Definitions of “immediate family member.”

  8. §22-8B-5.3 Chartering authority, powers, duties, liabilities… • New Section • Codifies current practices

  9. §22-8B-5.3 Continues… • Approve application/negotiate contract in good faith • “Develop and maintain chartering policies and practices consistent with nationally recognized principles and standards for quality charter authorizing in all major areas of authorizing…” including:

  10. Chartering Authority… Continued. “(1) organizational capacity and infrastructure; (2) evaluating charter applications; (3) performance contracting; (4) charter school oversight and evaluation; and (5) charter school suspension, revocation and renewal processes”

  11. §22-8B-8;Charter application contents • Changes… • Attempts to clarify that the application is no longer to be considered the contract; • Requires charter to defend use of waivers; • Removed, “any other information reasonably required by the chartering authority.” • Summary – application requirements essentially the same; BUT – important difference – application no longer stands alone as the contract between charter school and authorizer.

  12. §22-8B-9(A); Charter school contract; contents rules NEGOTIATING THE CONTRACT • “The chartering authority shall enter into a contractwith the governing body of the applicant charter school within thirty daysof approval of the charter application….

  13. §22-8B-9(A) cont... gridlock….. • No contract within 30 days • Either may appeal to the Secretary • Must file appeal within 45 days of the application approval. • Failure to reach agreement or appeal precludes authorization to operate the charter.

  14. The Contract. §22-8B-9(A) cont... • The charter contract shall be the final authorization for the charter school and shall be part of the charter.

  15. CHARTER CONTRACT CONTENTS (required) § 22-8B-9(B) • Waivers; • Material terms from the application; • Authorizer’s duties to charter per 5.3 • School’s statement of assurance regarding legal compliance; organizational, programmatic and financial requirements of applicable to charters; .

  16. Charter Contract Contents cont….§ 22-8B-9(B) • Detail of how authorizer will use 2% withheld • Insurance, length of contract • Criteria, processes and procedures for ongoing oversight and for annual monitoring and evaluation.

  17. § 22-8B-9(B) Charter Contract Contents cont…. • Dispute resolution process, including: • Notice and cure opportunity; • Selection of 3rd party neutral; • Cost apportionment • How final resolution will be reached

  18. Charter Contract Contents cont….§ 22-8B-9(B) Charter school deficiency correction • Contract will spell out how Authorizer will require charter to address deficiencies that are recognized from the oversight process; • Also, “criteria, procedures and time lines, agreed upon by the [parties]” addressing revocation.

  19. Charter Contract Contents cont…. § 22-8B-9(B) Other terms unchanged: • Notification in the event that a waiver is denied; • NMPSIA participation • Qualify as Board of Finance (State Authorized Charter Schools) • Amendments to the term of the contract made by mutual agreement… • New….failure to agree to amend may be appealed to Secretary.

  20. § 22-8B-9.1Performance Framework • “The performance provisions in the charter contract shall be based on a framework that clearly sets forth the academic and operations performance indicators, measures and metrics that will guide the chartering authority's evaluation of each charter school. The performance framework shall include indicators, measures and metrics for, at a minimum:

  21. § 22-8B-9.1 Performance Framework continues: • (1) student academic performance; • (2) student academic growth; • (3) achievement gaps in both proficiency and growth between student subgroups; • (4) attendance; • (5) recurrent enrollment from year to year;

  22. § 22-8B-9.1 Performance Framework continues: • (6) if the charter school is a high school, post-secondary readiness; • (7) if the charter school is a high school, graduation rate; • (8) financial performance and sustainability; and • (9) governing body performance, including compliance with all applicable laws, rules and terms of the charter contract.

  23. § 22-8B-9.1 Performance Framework continues: • B. “Annual performance targets shall be set by each chartering authority in consultation with its charter schools and shall be designed to help each charter school meet applicable federal, state and chartering authority expectations as set forth in the charter contracts to which the authority is a party.”

  24. § 22-8B-9.1 Performance Framework continues: • C. “The performance framework shall allow for the inclusion of additional rigorous, valid and reliable indicators proposed by a charter school to augment external evaluations of its performance, provided that the chartering authority shall approve the quality and rigor of such proposed indicators and the indicators are consistent with the purposes of the Charter Schools Act.”

  25. § 22-8B-9.1 Performance Framework continues: • D. The performance framework shall require the disaggregation of all student performance data collected in compliance with this section by student subgroup, including gender, race, poverty status, special education or gifted status and English language learner.

  26. Performance Framework continues:§ 22-8B-9.1 • E. The chartering authority shall collect, analyze and report all data from state assessment tests in accordance with the performance framework set forth in the charter contract for each charter school overseen by that chartering authority.

  27. §22-8B-12Term, oversight and corrective actions, site visits renewal charter, grounds for nonrenewal and revocation • Term unchanged • Monitoring and oversight authority and responsibilities (12D) • Annual site visit – required; technical assistance and compliance assessment (12E) • Notice if not in performing per contract; give opportunity to correct; revocation – if warranted (12F)

  28. §22-8B-12 Term, oversight and corrective actions, site visits renewal charter, grounds for nonrewnal and revocation • Authorizer report to CSD based on performance framework used for oversight (12G) • Department assessment of whether charter authorizing laws are effective in creating successful charter schools. (12H)

  29. §22-8B-12 Term, oversight and corrective actions, site visits renewal charter, grounds for nonrewnal and revocation Renewal application minor changes • Must include a report of the progress linked to the performance framework

  30. §22-8B-12 Term, oversight and corrective actions, site visits renewal charter, grounds for nonrewnal and revocation • Requires authorizer to develop process for suspension, revocation or nonrenewal that: • Timely notice of the “prospect” that the charter is in jeopardy; • Reasonable time to respond to the contemplated action; • Notify NMPED of final determination.

  31. Charter School §22-8B-12.1Closures, protocols, authorizer duties • Authorizer must develop charter closure protocol; notice to parents, orderly transition of students and disposition of property and school’s business. (12.1A) • Authorizer duty to oversee closure of school for any reason. • Distribution of asset priorities by closed charter school financial obligations.

  32. New§22-8B-17.1CSD Annual Report • By December 1, annually • Governor, LFC and LESC • SOURCE DATA; • PRIOR YEAR ANNUAL REPORTS • REPORTS SUBMITTED BY CHARTERING AUTHORITY • CSD RELEVANT DATA • Compare performance of charter schools, and student subgroups; “success, challenges and areas of improvements for meeting purposes of the Charter Schools Act….” • Assessment of funding formula; suggestions for statutory revisions. • Published on PED website

  33. CSD WORK ON IMPLEMENTATION • Southwest Comprehensive Center at West Ed-comparison study to other states • Contract draft • New charter application and review process • Revise monitoring instruments to align to SB 446 • Performance Framework rubrics • PED has received a NACSA grant to develop authorizer tools/training for performance framework • Renewal Application

  34. STATUS OF CHANGES TO DATE • NOTICE OF INTENT • NEW CHARTER APPLICATION • IN DEVELOPMENT: • CHARTER RENEWAL APPLICATION • CHARTER MONITORING TOOLS • CHARTER CONTRACT • AUTHORIZER AND CHARTER SCHOOL TRAINING

  35. THANK YOU • CSD Contact Information • Kelly Callahan kelly.callahan2@state.nm.us 505-827-6532 PowerPoint and Handout will be uploaded to the CSD website.

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