Title 108 WAC — Charter School Commission

Chapter 108-10 Introduction.

Wash. Admin. Code § 108-10-010 Purpose.

The purpose of this title is to establish the charter school application process, outline the content required for charter school applications, define the charter school application approval criteria, and develop the performance framework for charter school oversight and evaluation.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-10-010, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-10-020 Authority.

Authority for this title is RCW 28A.710.070, which establishes the Washington state charter school commission as an independent state agency whose mission is to authorize high-quality charter public schools throughout the state and to ensure the highest standards of accountability and oversight for these schools.

History

Statutory Authority: RCW 28A.710.070. WSR 17-08-011, § 108-10-020, filed 3/24/17, effective 4/24/17
WSR 13-18-017, § 108-10-020, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-10-030 Definitions.

The definitions in this section apply throughout this title unless the context clearly requires otherwise.

"Applicant" means a nonprofit corporation that has submitted an application to an authorizer. The nonprofit corporation must be either a public benefit nonprofit corporation as defined in RCW 24.03.490, or a nonprofit corporation as defined in RCW 24.03.005 that has applied for tax exempt status under section 501 (c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501 (c)(3)). The nonprofit corporation may not be a sectarian or religious organization and must meet all of the requirements for a public benefit nonprofit corporation before receiving any funding under RCW 28A.710.220.

"At-risk student" means a student who has an academic or economic disadvantage that requires assistance or special services to succeed in educational programs. The term includes, but is not limited to, students who do not meet minimum standards of academic proficiency, students who are at risk of dropping out of high school, students in chronically low-performing schools, students with higher than average disciplinary sanctions, students with lower participation rates in advanced or gifted programs, students who are limited in English proficiency, students who are members of economically disadvantaged families, and students who are identified as having special educational needs.

"Business days" means the days of the week, Monday through Friday, excluding state holidays.

"Commission" means the Washington state charter school commission, its staff, or its delegee(s).

"Cultural responsiveness" means the desire and ability to allow for diverse ways of thinking and doing that take into account the cultures of all involved.

"Economic disadvantage" means demonstrating financial hardship such as receiving free or reduced lunch, or below two hundred percent of the federal poverty level.

"Online platform" means the online process as explained in Part I of this title that applicants use to complete and submit the application electronically.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-10-030, filed 8/23/13, effective 9/23/13.

Chapter 108-20 Application.

Wash. Admin. Code § 108-20-010 Charter school application process information.

(1) Information regarding the charter school application process shall be made available on the commission's web page. The information made available on the web page will include at a minimum: A timeline for the application process, a list of required application materials, the solicitation for proposals, the scoring rubric used by evaluators, and the contact information for the commission's staff. General questions regarding the application process may be directed to the commission's staff.

(2) The commission may make available an in-person or online orientation session to provide an overview of the charter school application process, content required in the application, and the online platform.

History

Statutory Authority: RCW 28A.710.070. WSR 17-08-011, § 108-20-010, filed 3/24/17, effective 4/24/17
WSR 13-18-017, § 108-20-010, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-020 Notice of intent.

(1) An applicant seeking approval must submit an electronic or hard copy nonbinding notice of intent to submit a charter school application not less than thirty days before the last date for submission of an application to the commission.

(2) The electronic copy of the notice of intent must be received via email by 5:00 p.m. Pacific time not less than thirty calendar days before the last date for submission of an application to the commission.

(3) The hard copy must be:

(a) Postmarked not less than thirty days before the last date for submission of an application to the commission; or

(b) Hand delivered before the close of business not less than thirty days before the last date for submission of an application to the commission.

(4) Within two business days of receipt of the notice of intent, the commission will send email confirmation that the notice of intent has been received.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-20-020, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-030 Application submission.

(1) All applications, whether for an original charter, a modification of a charter, or the renewal of a charter shall be made on forms approved by the commission or through the online platform.

(2) An electronic version of the application through the online platform must be received by the commission by the application dead-line in order for the application to be considered.

(3) After receipt of the electronic application, the commission or its designee will review the application for completeness. If the review reveals that information is missing, the applicant will be contacted and granted twenty-four hours to provide the missing information.

(4)(a) Once an application is deemed complete, the applicant will be notified via email and will be required to submit five hard copies of the application. The hard copies of the application shall be identical in all respects to the content found in the application submitted through the online platform.

(b) The hard copies of the application must be submitted in person or through the U.S. Postal Service within ten business days of the application being deemed complete. In-person delivery will be due by 5:00 p.m. Pacific time on the fifth business day. Mailed applications must be postmarked by the fifth business day.

(5) In order for an application to be eligible for review, it must be received by the commission by the stated deadline and pass the completeness check or timely satisfy any completeness requests. Applications that are not received by the deadline or do not pass the completeness check or do not satisfy completeness requests will not be evaluated.

History

Statutory Authority: RCW 28A.710.070. WSR 15-10-069, § 108-20-030, filed 5/1/15, effective 6/1/15
WSR 13-18-017, § 108-20-030, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-040 Applicant interview.

Applicants are required to participate in an interview following submission of a complete, timely application. The interview is used as an evaluative tool for the evaluators to ask questions, seek clarification, and gain additional information regarding the application. The interview is taken into consideration with the application and will be used to inform the final recommendations made by the evaluators. Applicants will be given a notice of at least five business days before the scheduled interview date.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-20-040, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-050 Public forum.

Applicants are required to participate in a public forum with the commission. The public forum will provide an opportunity for the applicant to engage directly with the commission and for the public to learn more about and to provide input on each application. The public forum is independent of the application process and may be used to evaluate the applicant. Applicants will be given a notice of at least five business days before the scheduled public forum date.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-20-050, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-060 Application evaluators.

The commission, its designee(s), or a combination thereof will participate in the evaluation process. Should the commission designate external evaluators, the designees must be qualified and independent, and disclose any conflict(s) of interest. The application evaluators will make a recommendation to the commission regarding the applications reviewed. The commission will consider the recommendations of the evaluators and comments from the public forum when making its final decision to authorize. The commission reserves its right to make final decisions regarding the approval and denial of charter school applications.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-20-060, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-070 Criteria used for application evaluation.

The commission will grant approval only to charter school applicants that are able to demonstrate the capacity to successfully execute all elements of the educational, operational, financial, and governance plan. The charter school applications must demonstrate the applicants' competence in each of the components listed in RCW 28A.710.130 as well as any other requirements in chapter 28A.710 RCW and those outlined below in this section. The approval criteria include:

(1) An executive summary that outlines the school's mission and vision, student population and community, location or geographic area for the proposed school and the school district where it will be located, the educational need and anticipated student population, leadership and governance, enrollment summary, a brief description of the plan for the school, and an explanation of how the applicant will successfully open and operate a high-quality school; community engagement, evidence of need, and parent and/or guardian and community support for the proposed charter school.

(2) A high-quality educational program design and capacity that addresses the following elements:

(a) A curriculum and instructional design framework, must present a clear and coherent framework for teaching and learning, that reflects the needs of the anticipated population and ensures all students will meet or exceed the state standard. This includes:

(i) A description of the basic learning environment (e.g., classroom-based, independent study), class size, classroom management, and structure.

(ii) An overview of the planned curriculum including a sample course scope and sequence for one subject for each division (elementary, middle, high school) the school would serve. In addition, identified course outcomes and demonstrated alignment with applicable state standards.

(iii) Evidence that the educational program or key elements of the program are based on proven methods; evidence that the proposed educational program has a sound base in research, theory, and/or experience, and has been or is likely to be rigorous, engaging, and effective for the anticipated student population.

(iv) If the curricular content is developed, a summarized description of content choices such as text book selection, by subject, and rationale. The applicant must provide evidence that this curricular content will be appropriate and effective for the students as well as adhere to the federal and state standards.

(v) If the curricular content is not developed, a plan for how the content will be developed between approval of the application and the opening of the school, including who will be responsible and when key stages will be completed.

(vi) A description of the primary teaching methods and instructional strategies that the school will expect teachers to use and why the strategies are well-suited for the anticipated student population.

(b) A description of student performance expectations for the school as a whole. If the applicant plans to adopt or develop additional academic expectations beyond the state and authorizer standards, an explanation of the types of expectations (content areas, grade levels). The applicant must also explain the policies, standards, and expectations for promoting students from one grade to the next.

(c) For applications that include high school, a detailed explanation of high school graduation requirements including, but not limited to: A description of the process of earning credit hours, calculating grade point averages, and what information will be available on transcripts, and elective courses offered; explanations of additional requirements that exceed state and authorizer standards; explanations of how these requirements ensure student readiness for college or post secondary opportunities; and an explanation of the systems and structures used for students at risk of dropping out and/or not meeting graduation requirements.

(d) An outline of the school calendar and schedule including, but not limited to: An explanation of how the calendar meets the needs of the school's educational program; the structure of the school day including the number of instructional hours/minutes in a day for core subjects; the length of the school day (start/dismissal times); and the minimum number of hours/minutes devoted to instruction in each grade.

(e) A description of the school culture including, but not limited to: A description of the culture or ethos of the proposed school; an explanation of how it will promote a positive academic environment and reinforce student intellectual and social development; the process of implementation of this culture among students and staff; and an explanation of how the school culture will serve students with special needs.

(f) If they are to be offered, an overview of supplemental programming including, but not limited to: Summer school offerings including the schedule, length, and anticipated participants; resource and staffing needs; extra-curricular or cocurricular activities offerings and how they will be funded. As anticipated for your student population, an overview of programs addressing student mental, emotional, and social development and health, and how these programs will be funded; and other student-focused activities and programs integral to the educational and student development plans.

(g) Special populations and at-risk students includes, but is not limited to: A description of the overall plan to serve students with special needs; a description of more specific plans identifying how the school will meet the students' learning needs in the least restrictive environment possible as defined by state and federal special education guidelines and law; how the school will meet the needs of students who do not meet minimum standards of academic proficiency, students who are at risk of dropping out of high school, students in chronically low-performing schools, students with higher than average disciplinary sanctions, students with lower participation rates in advanced or gifted programs, students who are limited in English proficiency, students who are members of economically disadvantaged families; how the school will meet the needs of highly capable students; and how the school will comply with applicable laws and regulations governing services to these student populations.

(h) A culturally inclusive student recruitment and enrollment plan that includes, but is not limited to: An enrollment policy; plans for student recruitment and marketing that will provide equal access; and plans for outreach to families of at-risk students, if applicable.

(i) Evidence that the proposed discipline plan has a sound base in, and some combination of, research, theory, experience, and best practice; and has an explanation of how it is likely to be effective for the anticipated student population. The discipline policy must be culturally responsive and comply with applicable state laws and authorizer policies which includes, but is not limited to: Equitable and fair practices with incentives to promote positive behavior and school climate; penalties for infractions; types of offenses; rights of students with disabilities in disciplinary actions and proceedings; procedures for due process when a student is suspended or expelled; and how students and parents and/or guardians will be informed of the discipline policy.

(j) Education program capacity includes, but is not limited to: The identification of key members of the school's leadership team who will play a substantial role in school development and its success; the key members' qualifications to implement school design; identification and descriptions of organizations, agencies, or consultants that are partners in planning and establishing the school; the identification of the principal/head of school candidate and why this individual is well qualified to lead the school in achieving its mission (if no candidate identified, a description of the job and its qualifications, timeline, criteria, recruiting and selection process); a description of the responsibilities and qualifications of the school's leadership/management team beyond the principal/head of school; and who will be working full time, or nearly full time, to lead development of the school, and the plan to compensate them.

(k) The school's plan for using internal and external assessments to measure and report student progress, including those required by the state.

(3) Operations plan and capacity. A detailed plan and supporting information addressing the school's operations plan and capacity including the following elements:

(a) A detailed description of the school's governance includes, but is not limited to: Legal status and governing documents; organization charts that show the school governance, management, and staffing structure in the school's first year and for the term of the charter, and the roles and responsibilities of the governing board, staff, any related bodies, and any external organizations playing a role in the school's management; an explanation of the governance philosophy guiding the board; a description of the governance structure; a list of current and identified board members and their intended roles and responsibilities, including their interests in and qualification for serving the school's board as well as background information on the identified or proposed governing board members and proposed school leadership and management team; if there is no initial governing board, an explanation of how and when the transition to the formal governing board will take place; the procedure by which board members have been and will be selected and how frequently they will meet; a description of the board's ethical standards and procedures for identifying and addressing conflicts of interests; plans for increasing the capacity of the governing board; advisory bodies and the roles and duties of those bodies; and a description of the school's grievance process should a student or parent have an objection to the governing board policy or decision, administrative procedure, or practice at the school.

(b) An explanation of any proposed partnership agreement between a charter school and the school district or educational service district (ESD) in which it resides and a description of the terms of that agreement.

(c) Explanations of any other partnerships or contractual relationships central to the school's operations or mission; in the case of an application where the proposed charter school intends to con tract with a nonprofit education service provider (ESP) for substantial educational services, management services, or both, the applicant must:

(i) Provide evidence of the nonprofit ESP's success in serving student populations similar to the student population, including demonstrated academic achievement as well as successful management of nonacademic school functions if applicable;

(ii) Provide a term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff, and the ESP; scope of services and resources to be provided by the service provider; performance evaluation measures and timelines; compensation structure, including clear identification of all fees to be paid to the service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract; and

(iii) Disclose and explain any existing or potential conflicts of interest between the charter school board and proposed service provider or any affiliated business entities.

(d) A detailed description of the school's staffing includes, but is not limited to: Staff structure; staffing plans for the first year and for the term of the charter, hiring, management, and evaluation; professional development; and performance management.

(e) A detailed plan for engaging families in the school before it opens and once students are enrolled. The plan should include specifics on proposed events or activities to engage families.

(f) A detailed plan for acquiring a suitable facility including budget, facilities start up including backup or contingency plans, and a letter of intent.

(g) Start-up and ongoing operations include, but are not limited to: A detailed start-up plan for the school specifying tasks, timelines, and responsible individuals; transportation plan; food service plan; plans for all other significant operational or ancillary services; plan for safety and security for students, the facility, and property; description of types and levels of insurance coverage.

(h) A detailed description of the school's operations capacity includes, but is not limited to: Individual and collective qualifications for successfully implementing operations plan with specific emphasis on staffing, performance management, professional development, general operations, and facilities management; organization's capacity and experience in facilities acquisition and management.

(4) Financial plan. A detailed description of the school's financial plan and capacity includes, but is not limited to:

(a) A description of the systems, policies, and procedures the school will use for financial planning, accounting, purchasing, and payroll, including a description of internal controls and methods for ensuring compliance with all financial reporting requirements; roles and responsibilities of administration and governing board for school finances; plans and procedures for annual audit of financial and administrative operations; methods for ensuring financial transparency; liability insurance plans with ability to indemnify the school, its board, staff, and teachers against tort claims; completion of a budget form and financial plan workbook; a detailed description of assumptions, estimates, and bases for revenue projections, staffing levels, and costs. This includes start-up and five-year cash flow projections and budgets with clearly stated assumptions.

(b) Financial management capacity. A detailed description of the school's financial management capacity includes, but is not limited to: Individual and collective qualifications for successfully implementing the financial plan which includes, at a minimum, financial management, fund-raising and development, and accounting and internal controls.

(5) School specific performance measures. A detailed description of the school's specific performance measures includes, but is not limited to, the following mission-specific items: Educational goals and targets; organizational goals and targets; nonmandatory assessments or measures for evaluating student learning needs and progression within the school year; training and support school leadership and teachers will receive in analyzing, interpreting, and using performance data to improve student learning.

(6) For existing charter school operators, charter management organizations or educational management organizations, a detailed description of the organization's growth plans and capacity to successfully support and execute that plan.

(7) Conflict of interest. Conflict of interest includes, but is not limited to: Full disclosure of all real or apparent conflicts of interest between reviewers, decision makers, applicants, and any affiliates of these entities.

(8) Background checks. The safety and welfare of the students in Washington's charter schools is of the utmost importance, as is the protection of scarce state resources being entrusted to charter schools. Therefore, application evaluation will include the following background check components:

(a) Each identified or proposed governing board member, and identified or proposed school leadership and management, must complete a background check disclosure form, waiver, and certification which will include disclosure of, at a minimum, criminal background information in accordance with enumerated questions and as aligned with RCW 28A.400.303 and the statutes cited therein. This will also require specific disclosure of financial mismanagement or malfeasance.

(b) The commission may also complete an independent background and/or records check on each identified or proposed governing board member, and identified or proposed school leadership and management.

(c) Individuals will not be permitted to serve on the governing board, administration, or leadership of a charter school if the results of their records check would legally preclude them from working in a school.

(d) Individuals may not be permitted to serve on the governing board, administration, or leadership of a charter school if they have a history of financial malfeasance or mismanagement.

(9) All of the above criteria will be subject to review for cultural responsiveness.

History

Statutory Authority: RCW 28A.710.070. WSR 17-08-011, § 108-20-070, filed 3/24/17, effective 4/24/17
WSR 13-18-017, § 108-20-070, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-080 Ratings.

The application and all associated documents and evidence will be rated using the following criteria: Exceeds the standard; meets the standard; partially meets the standard; or does not meet the standard. The application will also be evaluated to determine whether the school is designed to serve at-risk students, and whether each component aligns with the overall mission, budget, and goals stated throughout the application and supporting documents.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-20-080, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-20-090 Approval or denial of an application.

(1) After evaluation of the application and supporting documents, interview, and other documented evidence received through the application review process, including public input received by the commission, the commission will determine whether to approve, approve with conditions, or deny an application. Preference will be given to applications for charter schools designed to serve at-risk student populations.

(2) When an application is approved with conditions, those conditions will be enumerated and placed into two categories: (a) Precontract conditions; and (b) preopening conditions.

Precontract conditions must be fully satisfied by deadlines identified by the commission. Failure to fully satisfy the precontract conditions before the ninety day contract execution deadline will negate approval.

Preopening conditions and associated deadlines will be identified in the charter contract. Failure to satisfy the preopening conditions may be considered a material breach of the charter contract.

(3) Misrepresentations on application. In the event that an applicant makes material misrepresentations in the information and documentation submitted as part of this application process, the application may be denied.

(4) Reasons for denial of an application will be clearly stated in writing.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-20-090, filed 8/23/13, effective 9/23/13.

Chapter 108-30 Performance framework.

Wash. Admin. Code § 108-30-010 Performance framework policy statement.

The commission will evaluate charter school performance using a performance framework designed to ensure that charter schools are held to the highest standards of accountability and oversight.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-30-010, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-30-020 Performance framework.

(1) "Performance framework" means the standards that will be used by the commission to evaluate the performance of each charter school. The performance framework will be a source of information used by the commission to make decisions involving corrective action, renewal, modification, revocation, and/or termination of a charter school.

(2) The performance framework evaluates charter school performance and compliance in the areas of academic, financial, organizational, legal and mission specific performance and compliance. The commission will develop and post performance framework guidance for charter schools on the commission website.

(3) Academic performance and compliance. Academic performance and compliance measures whether the charter school meets or is making sufficient progress towards academic performance expectations. Academic performance and compliance includes, but is not limited to:

(a) Student achievement. Evaluation of student achievement includes evaluation of student academic proficiency in English language arts, science, and mathematics; evaluation of student achievement gaps in both proficiency and growth. In addition to overall data, this information 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.

(b) Comparative performance. Comparative performance is evaluated by comparing charter school students' performance on required state and federal assessments to performance of students in traditional public schools and charter schools with similar demographics. This is a comparison of overall student performance in English language arts (reading and writing), math, and science, as well as any other subjects that will in the future be tested. To the extent data is available comparison schools may include, but are not limited to, district-of-residence schools and peer or comparable schools whether charter or noncharter. As additional data for comparisons become available, the comparative performance evaluation will be adjusted. In addition to aggregate data, when available, this information 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.

(c) Student progress. Student progress is evaluated using the school's median student growth percentile in reading and mathematics. As additional growth-related data become available, this evaluation will be adjusted. In addition to aggregate data, when available, this information 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.

(d) Post secondary readiness (high school evaluation). Evaluation of post secondary readiness includes overall graduation rates in accordance with the state of Washington reporting requirements; comparison of charter school to district-of-residence graduation rates; comparison of charter school to peer or similar school graduation rates; and enrollment in post secondary institutions. As additional comparison data such as dual credit accrual, industry certification, 11th grade assessments, or others, become available, this evaluation will be adjusted. In addition to aggregate data, this information 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.

(e) State and federal accountability. Evaluation of the charter school's compliance with state and federal accountability rules, regulations, and laws and whether the school has met the targets set forth by the state accountability system including, but not limited to, provision of basic education, instruction in the essential academic learning requirements, statewide student assessments, performance improvement goals. In addition to overall data, this information 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.

(f) School specific accountability. Evaluation of whether the charter school has met school specific goals identified in its contract.

(4) Financial performance and compliance. Financial performance and compliance measures the financial health and viability of a charter school. Financial performance and compliance includes, but is not limited to:

(a) Near term indicators. Evaluation of financial performance and compliance includes evaluation of charter school's assets and liabilities, available cash; actual enrollment as compared to enrollment projection and associated budget; loan and grant status.

(b) Sustainability indicators. Evaluation of sustainability indicators includes evaluation of net income and revenue; debt to asset ratio; cash flow; debt service ratio.

(c) Audit and accounting indicators. Evaluation of audit and accounting indicators includes evaluation of the charter school's compliance with generally accepted accounting principles; audit results and findings, if any.

(5) Organizational performance and compliance. Organizational performance and compliance measures compliance with specific terms and provisions of the charter contract and state and federal legal requirements. Organizational performance and compliance includes, but is not limited to:

(a) Education program. Evaluation of the education program includes evaluation of the charter school's education program in terms of compliance with specific performance expectations set forth in the charter contract; compliance with requirements of local education agencies and public schools under those federal laws and regulations including, but not limited to, compliance with the Individuals With Disabilities Education Act, the Rehabilitation Act, the Federal Educational Rights Privacy Act, the Elementary And Secondary Education Act, McKinney-Vento Act, and any other applicable education laws or regulations.

(b) Charter school law compliance. Evaluation of charter school law compliance includes evaluation of the charter school's compliance with chapter 28A.710 RCW. This includes review of policies and practices related to admissions, waiting lists, recruitment, security and privacy.

(c) Safety and welfare compliance. Evaluation of student and employee compliance includes evaluation of the charter school's compliance with laws concerning employment of faculty and staff including, but not limited to, certification requirements and background checks; evaluation of student and employee disciplinary policies and procedures and application of associated legal and constitutional protections; evaluation of compliance with health and safety laws and regulations.

(d) Board performance and stewardship. Evaluation of board performance and stewardship will include evaluation of compliance with all applicable laws, rules, and terms of the charter contract as well as willingness and skill in identifying issues with management of the school and taking corrective action and in implementing any corrective actions imposed by the commission.

(e) Student involvement and retention. Evaluation of student involvement and retention will include evaluation of attendance and recurrent enrollment.

(f) Mission specific accountability. Evaluation of whether the charter school has met mission specific goals identified in its contract including, but not limited to, proactive public engagement in student recruitment and demonstrated execution of a mission appropriate enrollment plan.

(6) Other. The commission may also include additional rigorous, valid, and reliable indicators to augment evaluations of the charter school's performance.

History

Statutory Authority: RCW 28A.710.070 and 28A.710.100. WSR 22-18-033, § 108-30-020, filed 8/29/22, effective 9/29/22. Statutory Authority: RCW 28A.710.070. WSR 15-10-070, § 108-30-020, filed 5/1/15, effective 6/1/15
WSR 13-18-017, § 108-30-020, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-30-030 Rating categories.

Unless otherwise deemed appropriate, academic measures will be rated using the following categories: Exceeds standard; meets standard; does not meet standard; falls far below standard. Financial and organizational measures will be rated using the following categories: Meets standard; approaching standard; does not meet standard. Each of these ratings will be defined in relation to the measure being evaluated.

History

Statutory Authority: RCW 28A.710.070 and 28A.710.100. WSR 22-18-033, § 108-30-030, filed 8/29/22, effective 9/29/22. Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-30-030, filed 8/23/13, effective 9/23/13.

Wash. Admin. Code § 108-30-040 Review process.

(1) Charter school responsibilities. Charter schools shall submit data, documentation, or other evidence to establish compliance with the performance framework and terms of the charter contract. The charter school shall also submit additional data, documentation, or other evidence necessary to facilitate oversight and monitoring by the commission. This includes, at a minimum:

(a) Submission of the data, documentation, or evidence to the commission in accordance with the format and time frames established by the commission prior to the beginning of each school year. This will include submission of an annual report but may also require submission of other reports at more frequent intervals.

(b) Submission of additional data, documentation, or evidence that the commission determines to be relevant to evaluation of compliance with the performance framework within ten business days of the commission's request, unless otherwise indicated in the request.

(c) Charter schools shall submit independent audit reports and any associated findings to the commission within ten business days of receipt by the charter school.

(d) Charter schools shall respond, within reasonable time frames, to any notice of concerns about unsatisfactory performance or legal compliance provided by the commission. The charter school will work with the commission to remedy the problem.

(e) Charter schools shall comply with any corrective action plan required by the commission.

(f) Multiple schools operating under a single charter contract or overseen by a single charter school board must report their performance as separate schools, and each school shall be held independently accountable for its performance.

(g) Charter schools may submit a written response to any findings or recommendations contained in the compliance review report within ten business days of issuance of the report.

(2) Commission responsibilities. The commission will continually monitor the performance and legal compliance of the charter schools it oversees, at a minimum, this will include:

(a) Collecting and analyzing data to support ongoing evaluation according to the performance framework.

(b) Annual evaluation of compliance with the performance framework in accordance with established rating categories and associated rubric(s).

(c) Annual issuance of a compliance review report that documents the results of the annual evaluation, along with any additional relevant information, including necessary corrective action.

(d) By September 1st of each school year, establish format and time frames governing the submission of data, documentation, or evidence to be submitted to the commission by the charter schools.

(e) Post time frames on the commission's website.

(f) Notification to the charter school of perceived problems about unsatisfactory performance or legal compliance, perceived or otherwise, will be given within reasonable time frames considering the scope and severity of the concern. The charter school will be given a reasonable opportunity to remedy the problem, unless revocation is warranted by the law.

(i) A perceived problem exists when the commission has conducted an inquiry and it is reasonable to believe that the issue exists (anytime a complaint is brought or information is brought forward).

(ii) The commission will respond to any general reporting of issues within a reasonable amount of time depending upon the scope and severity of the concern. When the health or safety of children are at risk a response will be made within forty-eight hours.

(g) Taking corrective action, or exercising sanctions including, but not limited to, successful completion of a corrective action plan within a specified time frame to address apparent deficiencies in charter school performance or legal compliance.

(h) Imposition of sanctions if the commission determines that it is necessary to address noncompliance.

(i) Consideration of any written response that a charter school submits in response to the commission's findings or recommendations.

(3) Nothing in this provision will preclude the commission from requesting additional information outside established time frames when the commission determines that the information is necessary to satisfy its monitoring and oversight responsibilities under the law.

(4) Nothing in this provision precludes the commission from conducting inquiries or investigations into charter school performance on an as needed basis. If the commission determines that notice may compromise an investigation or inquiry, notice will be provided upon completion of the investigation or inquiry.

(5) Failure to submit data, documentation, or evidence as requested by the commission could result in a finding of "does not meet standard" for the performance framework or corrective action.

History

Statutory Authority: RCW 28A.710.070. WSR 13-18-017, § 108-30-040, filed 8/23/13, effective 9/23/13.

Chapter 108-40 Charter school oversight and corrective action policy, renewal and nonrenewal policy, revocation policy, and termination protocol.

Wash. Admin. Code § 108-40-010 Oversight and corrective action policy statement.

The Washington state charter school commission is responsible under RCW 28A.710.180 for oversight and accountability of the performance and effectiveness of all charter schools it authorizes under RCW 28A.710.070. This oversight and accountability is ongoing and is not limited to the specific actions and procedures described in these rules. For the purposes of the commission's rules governing the oversight and accountability of charter schools it authorizes, the term "school" means a school that has been authorized by the commission under RCW 28A.710.070.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-010, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-020 Oversight.

(1) In carrying out its responsibilities for oversight and accountability of the performance and effectiveness of schools it authorizes, the commission may utilize information including, but not limited to:

(a) The annual reports submitted to the commission under RCW 28A.710.040;

(b) All reports and data submitted to the office of the superintendent of public instruction under chapter 28A.710 RCW;

(d) Data and information obtained under the charter contract;

(e) Financial data and audit materials; and

(f) Any other information, data or materials associated with the schools.

(2) The commission will require submission of, or access to, materials or data from the school deemed reasonably necessary for oversight and accountability of the schools.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-020, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-030 Inquiries and site visits.

(1) If the commission deems an inquiry or investigation necessary, it may request access to facilities, data, information, and staff. Charter schools are required to provide access to facilities, data, information, and staff in the manner and time frame requested by the commission.

(2) The commission will consider requests to adjust the manner and time frame for access if the school provides good cause. Failure to provide access as requested is considered a material and substantial violation of the charter school's legal and contractual obligations.

(3) Information about the investigation or inquiry will be provided at the discretion of the commission. One consideration is the possible impact of the disclosure on the inquiry or investigation.

(4) At the point of the inquiry or investigation when the commission has reason to believe that a charter school's performance or legal compliance is unsatisfactory, the commission will:

(a) Promptly notify the school of the perceived problem. Notice will be provided in writing. Depending on the nature of the apparent issue, prompt notice could range from between twenty-four hours to fourteen days;

(b) The school must respond in writing to the perceived problem within ten working days. The commission will consider the response and other evidence and information available and determine whether to take corrective action and/or impose sanctions as necessary; and

(c) If the commission imposes corrective action or sanctions, the school must submit a corrective action plan and/or adhere to sanctions imposed by the commission.

(5) The commission may conduct site visits to charter schools in its portfolio for the purpose of conducting oversight and holding schools accountable.

(6) If circumstances warrant it, the commission may alter the time frames within these rules.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-030, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-040 Corrective action process.

(1) Upon a finding of one or more deficiencies and imposition of corrective action, the school must comply with the corrective action process and successfully complete an approved corrective action plan.

(2) If there is immediate threat to student or employee health, safety or welfare, the commission may require immediate correction of the deficiency or correction within a time frame indicated by the commission.

(3) All other violations will require a corrective action plan.

(4) In addition to requiring a school to comply with a corrective action plan to correct any deficiencies, the commission may impose sanctions up to and including revocation. Sanctions may include:

(a) Placement on a probationary status; and

(b) Revocation.

(5) The corrective action plan must identify the date by which the deficiency will be corrected.

(6) Implementation of a corrective action plan constitutes reasonable opportunity for the school to remedy the identified deficiencies.

(7) Within ten days from receipt of a deficiency finding, a school must provide the commission with a corrective action plan.

(8) If accepted, the commission will approve the corrective action plan. Once approved, the school may seek one extension of the deadline for compliance for good cause shown. The commission is not required to approve the extension.

(9) If the extension is granted and the school does not satisfy the corrective action plan, the failure will be considered grounds for revocation of the contract.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-040, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-050 Corrective action plans.

(1) Corrective action plans must:

(a) Address how the corrective action will be accomplished;

(b) Address how the school will identify and address other deficiencies associated with the corrective action;

(d) Indicate how the school will monitor compliance to assure that solutions are sustained;

(e) Identify person(s) responsible for corrections and sustaining change;

(f) Give the date by which correction will be made; and

(g) Include steps that will be taken to accomplish correction with steps, dates, and supporting evidence that the plan will be carried out as scheduled.

(2) The school may be required to submit progress reports or updated plans in accordance with a schedule specified by the commission.

(3) Commission acceptance of the corrective action plan is at its discretion and does not rule out imposition of other remedies or sanctions.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-050, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-060 Renewal policy statement.

The renewal process begins at the end of the school year preceding a charter school's final year of operation under an existing charter school contract. This is a rigorous process designed to enable the commission to make an informed decision about whether or not a charter school should be allowed to continue to operate for an additional contract term.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-060, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-070 Renewal process.

(1) No later than six months before the expiration of the charter school contract, the commission will issue a written performance report addressing the information outlined in WAC 108-40-080. The performance report will be sent to the school and posted on the commission's website.

(2) The school may submit a response to the performance report that corrects or clarifies information contained in the report. If the school is subject to the ineligibility presumptions enumerated in WAC 108-40-090, then the school must rebut those presumptions by demonstrating exceptional circumstances that justify renewal in the response to the performance report. If the school submits a response, it must be received by the commission within thirty days of issuance of the performance report.

(3) In conjunction with the performance report, the commission will issue renewal application guidance. The renewal application guidance will, at a minimum, provide the charter school with an opportunity to:

(a) Present additional evidence, beyond the data contained in the performance report, supporting its case for charter contract renewal;

(b) Describe improvements undertaken or planned for the school; and

(c) Detail the school's plans for the next charter contract term. The renewal application guidance will also contain the criteria that will guide the commission's renewal decisions.

(4) For those renewal applications deemed eligible for renewal consideration, individuals designated by the commission may conduct a school site visit (renewal inspection) during the renewal applicant school's final school year under the existing charter contract. The renewal inspection may serve as one of the mechanisms for the commission to evaluate and document the charter school's performance and representations to inform the commission's renewal decision. The renewal inspection will include a review of the school's performance and satisfaction of its obligations under the charter contract, with specific focus on any concerns identified in the performance report. Within fourteen days following the renewal inspection, a renewal inspection report will be issued. The school will have ten days to submit a written response to the renewal inspection report.

(5) Those renewal applications deemed ineligible for renewal consideration may appeal this determination in accordance with the procedures outlined in WAC 108-40-100.

(6) Interested parties, including members of the public, may submit written comments to the commission regarding the potential renewal of a school's charter contract. The deadline for submitting comments will be posted on the commission's website.

(7) No later than 30 days after receiving a performance report, the charter school must notify the commission in writing of its decision to either:

(a) Apply for renewal of the contract; or

(b) Cease operation at the expiration of the contract term.

(8) If the school has decided to cease operation at the expiration of the contract term, a termination protocol shall be implemented.

(9) If the school is requesting renewal under the existing contract, the renewal application must be submitted no later than September 1st and must be received by the commission by 5:00 p.m.; if September 1st falls on a weekend, the renewal application must be received by the commission no later than 5:00 p.m. on the Monday following September 1st.

(10) For applications deemed eligible for renewal consideration, commission staff will review renewal applications, the renewal inspection report, and other relevant information, and make a recommendation, based on the renewal criteria, to approve, deny, or conditionally approve the renewal application. This recommendation will be provided to the school and commissioners. This recommendation shall serve as notice of the prospect of and reasons for nonrenewal. Within twenty days of issuance of this recommendation, the school may request an opportunity to respond to the recommendation in accordance with the procedures outlined in WAC 108-40-100; failure to make such a request shall constitute a waiver of the school's right to respond.

(11) The commission will pass a resolution approving, denying, or conditionally approving the renewal application. Renewal may be for a term of up to five years. This term may be shorter depending on the school's performance, demonstrated capacities and particular circumstances.

(12) Upon approval of a school's renewal application, the school must execute a new charter contract before the expiration of the existing charter contract. The charter contract must include specific conditions that the commission determines are required for necessary improvements to the school; provided, however, if approval of the renewal application is conditional, the renewal conditions must be included in the charter contract.

(13) If circumstances warrant it, the commission may alter time frames within these rules.

History

Statutory Authority: RCW 28A.710.070, 28A.710.170, and 28A.710.190. WSR 22-18-033, § 108-40-070, filed 8/29/22, effective 9/29/22. Statutory Authority: RCW 28A.710.070, 28A.710.180, 28A.710.190, and 28A.710.200. WSR 17-08-011, § 108-40-070, filed 3/24/17, effective 4/24/17
WSR 14-12-065, § 108-40-070, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-080 Performance report.

(1) The performance report will summarize the school's performance record and provide notice of any weaknesses or concerns perceived by the commission that may jeopardize the school's renewal if not timely rectified.

(2) The commission's school performance report will include, but is not limited to, the following information:

(a) Academic information such as student achievement data, comparative performance, student progress, postsecondary readiness, state and federal accountability, and mission specific accountability;

(b) Financial information such as near term indicators, sustainability indicators, and audit and accounting indicators; and

(c) Organizational information such as education program, charter school law compliance, safety and welfare compliance, board performance and stewardship, student involvement and retention, and mission specific accountability.

(3) If there are reasons why the commission may not renew the charter, the performance report will provide the school with notice of those reasons and the prospect for nonrenewal.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-080, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-090 Renewal decision and presumptions.

(1) In making charter contract renewal decisions, the commission will:

(a) Ground its decisions in evidence of the school's performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract;

(b) Ensure that data used in making renewal decisions are available to the school and the public; and

(c) Provide a public report summarizing the evidence that forms the basis for its decision. Specific criteria guiding the commission's renewal decisions will be set out in the commission's renewal application guidance.

(2) Schools are presumed to be ineligible for renewal if they have:

(a) Committed a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract;

(b) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;

(d) Substantially violated any material provision of law from which the charter school is not exempt;

(e) Fallen in the bottom quartile of schools on the state board of education's Washington school improvement framework at the time of the renewal application; and

(f) Are subject to an active corrective action plan for the failures or violations listed in (a) through (f) of this subsection.

(3) The presumption of ineligibility can be rebutted if the school demonstrates exceptional circumstances that the authorizer finds justifiable. The school must satisfy this burden in its application and response to the performance report.

(4) A decision to renew, conditionally renew, or nonrenew a school's charter contract will be memorialized in a resolution that sets forth the action taken, the reasons for the decision, and assurances of compliance with the commission's procedural requirements. A report of action, with the resolution attached, must be submitted to the renewal applicant and the state board of education within ten days of the decision.

History

Statutory Authority: RCW 28A.710.070, 28A.710.170, and 28A.710.190. WSR 22-18-033, § 108-40-090, filed 8/29/22, effective 9/29/22. Statutory Authority: RCW 28A.710.070, 28A.710.180, 28A.710.190, and 28A.710.200. WSR 17-08-011, § 108-40-090, filed 3/24/17, effective 4/24/17
WSR 14-12-065, § 108-40-090, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-100 Procedures associated with possible nonrenewal decision.

(1) If a school is notified that it is considered ineligible for renewal, or that nonrenewal is recommended, within twenty days of that notice, the school may request an opportunity to respond and present evidence challenging the determination of ineligibility or recommendation for nonrenewal. This request must be sent to the commission's executive director or designee. Failure to make this request within twenty days acts as a waiver rendering the ineligibility determination or nonrenewal recommendation final.

(2) If a school requests an opportunity to respond, the commission will designate an individual, or individuals, to preside over a recorded public proceeding at which the school may:

(a) Submit a written response explaining why it believes that its charter contract should be renewed;

(b) Submit documents and give testimony supporting the renewal of the charter contract;

(d) Be represented by counsel.

(3) The commission may also, through staff or counsel, present documents, witnesses, and/or testimony to support the ineligibility determination or nonrenewal recommendation at the public proceeding.

(4) The presiding officer(s) shall regulate the course of the public proceeding and, in the discretion of the presiding officer(s), may impose reasonable limits on the conduct of the public proceeding including, but not limited to, limitations on the length of time that the school and commission has to present documents and evidence. The presiding officer(s) may issue deadlines and other requirements that the presiding officer(s) deem necessary for the orderly conduct of the proceeding. Unless they conflict with the Charter School Act and commission's rules, the provisions of chapter 34.05 RCW shall govern these proceedings.

(5) Within thirty days of the public proceeding, the presiding officer(s) shall make a written recommendation to the commission regarding whether the ineligibility or nonrenewal decision should stand or whether it should be altered in some manner. This recommendation will be transmitted to the commission, the school, and posted on the commission's website.

(6) The commission will, after a reasonable period for deliberation, consider the recommendation of the presiding officer(s), as well as relevant evidence or documentation submitted during the application renewal process, and make a final determination. The commission's final determination shall be in the form of a resolution that, in the case of a nonrenewal, clearly states the reasons for the nonrenewal.

(7) Within ten days of issuing this resolution, the commission will submit a report of action to the school and the state board of education. The resolution will be attached to the report of action and will set forth the action taken, reasons for the decision, and assurances of compliance with the commission's renewal/nonrenewal procedures.

History

Statutory Authority: RCW 28A.710.070, 28A.710.180, 28A.710.190, and 28A.710.200. WSR 17-08-011, § 108-40-100, filed 3/24/17, effective 4/24/17
WSR 14-12-065, § 108-40-100, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-110 Revocation of charter school contract.

(1) The commission may revoke a school's charter contract at any time that it determines that the school failed to comply with the Charter Schools Act or:

(a) Committed a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract;

(b) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter contract;

(d) Substantially violated any material provision of law from which the charter school is not exempt.

(2) If the commission determines that a school's charter contract should be revoked, the commission will notify the school, in writing, of the determination and the associated reasons. The school may submit a written response that must be received by the commission within thirty days of issuance of the notice.

(3) The commission, or a person designated by the commission, will review the notice, response, and any supporting information and issue a draft resolution to revoke or not revoke the school's charter contract and any conditions that are recommended if the school's contract is not to be revoked. The draft resolution will be sent to the school.

(4) The school may request an opportunity to respond to a draft resolution recommending revocation. This request must be sent to the commission's executive director, or designee, within twenty days of issuance of the draft resolution. Failure to make this request within twenty days acts as a waiver rendering the draft resolution final.

(5) If a school requests an opportunity to respond, the commission will designate an individual or individuals to preside over a recorded public proceeding at which the school may:

(a) Submit a written response explaining why it believes that its charter contract should not be revoked;

(b) Submit documents and give testimony opposing the revocation of the charter contract;

(d) Be represented by counsel.

(6) The commission may also, through staff or counsel, present documents, witnesses and/or testimony to support the revocation at the public proceeding.

(7) The presiding officer(s) shall regulate the course of the public proceeding and, in the discretion of the presiding officer(s), may impose reasonable limits on the conduct of the public proceeding including, but not limited to, limitations on the length of time that the school and commission has to present documents and evidence. The presiding officer(s) may issue deadlines and other requirements that the presiding officer(s) deems necessary for the orderly conduct of the proceeding. Unless they conflict with the Charter School Act, and commission's rules, the provisions of chapter 34.05 RCW shall govern these proceedings.

(8) Within no more than thirty days of the public proceeding, the presiding officer(s) shall make a written recommendation to the commission regarding whether the revocation decision should stand or whether it should be altered in some manner. This recommendation will be transmitted to the commission, the school, and posted on the commission's website.

(9) The commission will, after a reasonable period for deliberation, consider the recommendation of the presiding officer(s) as well as any other evidence or documentation submitted during the revocation process, and make a final determination. The commission's final determination shall be in the form of a resolution that clearly states the reasons for the revocation or decision not to revoke.

(10) Within ten days of issuing this resolution, the commission will submit a report of action to the school, the superintendent of public instruction, and the state board of education. The resolution will be attached to the report of action and will set forth the action taken, reasons for the decision, and assurances of compliance with the commission's renewal/nonrenewal procedures.

(11) Nothing within these rules prevents the commission from engaging in contingency planning in initiating the termination protocol.

History

Statutory Authority: RCW 28A.710.070, 28A.710.180, 28A.710.190, and 28A.710.200. WSR 17-08-011, § 108-40-110, filed 3/24/17, effective 4/24/17
WSR 14-12-065, § 108-40-110, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-120 Termination protocol statement.

The following roles and procedures govern the closure of a school upon nonrenewal, revocation, or other termination of the charter school contract. All time frames are triggered by a final decision to nonrenew, revoke, or terminate a charter school contract.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-120, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-130 Termination protocol responsibilities of the charter school board.

The charter school board shall be responsible for the obligations associated with this termination protocol. These obligations are personal and extend beyond the term of the contract.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-130, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-140 Termination protocol responsibilities of the commission's staff.

(1) Within forty-eight hours of a decision to nonrenew, revoke, or terminate a charter school contract, the commission's staff will establish a transition team.

(2) Within twenty-four hours of a decision to nonrenew, revoke, or terminate a charter school contract, the commission staff will notify the Washington state board of education and the office of superintendent of public instruction.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-140, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-150 Termination protocol responsibilities of the transition team.

(1) The transition team may include:

(a) Commission staff;

(b) Charter school board chair or designee;

(d) Lead finance person from the charter school;

(e) Lead person from the charter school faculty; and

(f) Lead person from the charter school parent organization.

(2) The transition team will develop a closure plan and assign roles.

(3) Within forty-eight hours of a decision to nonrenew, revoke, or terminate a charter school contract, the transition team will notify districts materially impacted by the closure decision with information including:

(a) If the closure decision is being appealed, information of where parties are in process and an estimated timeline for a final decision;

(b) A timeline for final decision;

(d) A copy of letters sent to school faculty and staff;

(e) Information regarding the school closure process;

(f) Information regarding the plan being developed to ensure an orderly closure process; and

(g) Commission decision-making materials, including:

(i) A resolution to close school; and/or

(ii) A copy of a termination protocol pursuant to RCW 28A.710.210(1).

(4) Within seventy-two hours of a decision to nonrenew, revoke, or terminate a charter school contract, a parent contact list for enrolled students will be created and the transition team will notify parents of the closure decision. A parent contact list may include:

(a) Student name;

(b) Parent name;

(d) Telephone number; and

(e) Email.

(5) A notification of the closure decision may include:

(a) Notification of the closure decision;

(b) Timeline for transition;

(d) Assurance that parents and students will be assisted in the reassignment process;

(e) Frequently asked questions about the charter closure process; and

(f) Commission and school contact information for parents/guardians with questions.

(6) Within seventy-two hours of a decision to nonrenew, revoke, or terminate a charter school contract, the transition team will create a faculty contact list and notify faculty members of the closure decision. The faculty contact list may contain:

(a) Name;

(b) Position;

(d) Telephone number; and

(e) Email.

(7) Within five business days of a decision to nonrenew, revoke, or terminate a charter school contract the transition team will develop a closure plan. The closure plan will include responsible persons and written reports concerning:

(a) Reassignment of students;

(b) Return or distribution of assets;

(d) Notification of entities doing business with the school;

(e) The status of the school's finances; and

(f) Submission of all required reports and data to the commission and/or OSPI.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-150, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-160 Termination protocol responsibilities of the charter school lead administrator.

(1) The school's lead administrator will maintain corporate records and IRS 501 (C)(3) status. Corporate records include, but are not limited to records relating to the school:

(a) Loans, bonds, mortgages, and other financing;

(b) Contracts;

(d) Assets and asset distribution;

(e) Grants;

(f) Governance;

(g) Accounting and tax records;

(h) Personnel;

(i) Employee benefit programs and benefits;

(j) Insurance; and

(k) Any other items listed in the closure plan.

(2) The charter school's lead administrator will maintain existing insurance coverage for assets under the closure plan, as well as for the facility, vehicles, and other assets until disposal, transfer of real estate, or termination of lease, and disposal, transfer, or sale of vehicles and other assets.

(3) Within ten days of a decision to nonrenew, revoke, or terminate a charter school contract, the charter school's lead administrator will notify commercial lenders and bond holders of the school's closure, and a likely date of when an event of default will occur, as well as the projected date for the last payment by the school towards its debt.

(4) Within ten days of a decision to nonrenew, revoke, or terminate a charter school contract, the charter school's lead administrator will notify the following groups as to the school's closure and project date of closure:

(a) Charitable partners; and

(b) Vendors.

(5) Within ten days of a decision to nonrenew, revoke, or terminate a charter school contract, the charter school's lead administrator will create and submit to commission staff a list of all creditors and debtors, and any amounts accrued and unpaid with respect to such creditor or debtor.

(6) Within fifteen days of the commission's resolution to not renew or terminate a charter school contract, the charter school's lead administrator will:

(a) Create a list of all contractors with contracts in effect, and notify the contractors of the school's closure and cessation of operations;

(b) Instruct contractors to remove any contractor property from the school prior to final day of school operation; and

(c) Retain records of past contracts as proof of full payment, and terminate contracts for goods and services as of the last date such goods or services will be provided.

(7) Within fifteen days of a decision to nonrenew, revoke, or terminate a charter school contract, the charter school's lead administrator will notify an education service provider of termination of education program by the school's board, providing:

(a) The last day of classes and absence of summer school;

(b) Notice of nonrenewal in accordance with management contract;

(d) Notice to the education service provider to remove any property lent to the school after the end of classes, and to request a receipt for such property.

(8) Within thirty days after the last day of classes, the charter school's lead administrator will transfer student records to students' new school or district of residence. Student records include:

(a) Grades and any evaluation data;

(b) All materials associated with individual education plans;

(d) Parent or guardian information.

(9) Within five days of the transfer of student records, the charter school's lead administrator will provide the commission with written verification of transfer of student records. Written verification of records must include:

(a) Number of general education records transferred;

(b) Number of special education records transferred;

(d) Signature and printed name of the charter school representative releasing the records; and

(e) Signature and printed name of the district or other entity recipient(s) of the records.

(10) Within thirty days after the last day of classes, the charter school's lead administrator will review, prepare and make available to commission staff an itemized financial statement that includes, but is not limited to:

(a) Fiscal year-end financial statements;

(b) Cash analysis;

(d) List of investments;

(e) List of payables and determinations of when a check used to pay the liability will clear the bank;

(f) List of all unused checks;

(g) List of petty cash;

(h) List of bank accounts; and

(i) List of all payroll reports including taxes, retirement, or adjustments on employee contracts.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-160, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-170 Termination protocol responsibilities of the charter school lead administrator and the charter school commission staff.

(1) Within five business days of a decision to nonrenew, revoke, or terminate a charter school contract commission staff and lead administrator from charter school will review the school's budget. The purpose of the review is to:

(a) Ensure that funds are sufficient to operate the school through the end of the school year, if applicable;

(b) Emphasize the legal requirement to limit expenditures to only those in the approved budget, while delaying approved expenditures that might no longer be necessary until a revised budget is approved;

(c) Make revisions that take into account closure and associated expenses while prioritizing continuity of instruction; and

(d) Identify acceptable use of reserve funds.

(2) Within ten business days of a decision to nonrenew, revoke, or terminate a charter school contract, commission staff and lead administrator will hold a parent closure meeting. The purpose of the parent closure meeting is to:

(a) Provide overview of the commission's closure policy and closure decision;

(b) Provide calendar of important dates for parents;

(d) Present timeline for transitioning students;

(e) Present timeline for closing down of school operations; and

(f) Provide contact information.

(3) Within ten days of a decision to nonrenew, revoke, or terminate a charter school contract, commission staff and lead administrator will meet with charter school faculty and staff. The purpose of this meeting is to:

(a) Discuss reasons for closure;

(b) Emphasize importance of maintaining continuity of instruction through the end of the school year;

(d) Identify date when last salary check will be issued, when benefits terminate, and last day of work; and

(e) Describe assistance, if any, which will be provided to faculty and staff to find new positions.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-170, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-180 Termination protocol responsibilities of the charter school financial lead.

(1) Within five business days of the last day of classes, the charter school's financial lead will file Federal Form 269 and 269a if the school has been receiving funds directly from the United States Department of Education.

(2) Within one hundred twenty days after the last day of classes, the charter school's financial lead will establish a date for audit to perform final close out audit. Lead must provide commission with findings of audit within forty-eight hours of receipt of findings.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-180, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-190 Termination protocol final closure meeting.

(1) Within five days of receiving the finalized audit report, commission staff will establish a date for a final report meeting between commission staff, charter school board, lead administrator, and financial lead. This meeting is established to:

(a) Ensure termination protocols have been followed;

(b) Ensure all necessary deliverables are accounted for;

(d) Ensure indemnification of the commission and its employees by the charter school board, lead administrator, and financial lead.

(2) In the event that the commission determines an incompletion and lacking of any protocols, deliverables, or audit findings, the charter school board, lead administrator, and financial lead should address these within forty-eight hours.

History

Statutory Authority: RCW 27A.710.070 [28A.710.070], 27A.710.180 [28A.710.180], 27A.710.190 [28A.710.190], 27A.710.200 [28A.710.200]. WSR 14-12-065, § 108-40-190, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-40-200 Voluntary school closure.

Nothing in these provisions preclude a school board from volunteering to close the school and enter into a termination agreement. The termination agreement sets out the tasks and responsibilities associated with the closure of the school.

History

Statutory Authority: RCW 27A.710.070, 27A.710.180, 27A.710.190, and 27A.710.200. WSR 14-19-030, § 108-40-200, filed 9/8/14, effective 10/9/14.

Chapter 108-50 Public records.

Wash. Admin. Code § 108-50-010 Authority and purpose.

These rules are established pursuant to chapter 42.56 RCW for the purposes of protecting public records and making them readily accessible to the public. In carrying out its responsibilities under the Public Records Act (act), the charter school commission (commission) will be guided by the provisions of the act describing its purposes and interpretation.

History

Statutory Authority: Chapter 42.56 RCW. WSR 14-12-065, § 108-50-010, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-50-020 Agency description—Contact information—Public records officer.

(1) The commission authorizes high-quality charter public schools throughout the state and ensures the highest standards of accountability and oversight for those schools. The commission's central office is located at:

Washington State Charter School Commission

1068 Washington St. S.E.

Olympia, WA 98501

(2) Any person wishing to request access to public records of the commission, or seeking assistance in making such a request should contact the public disclosure officer of the office of superintendent of public instruction:

Office of Superintendent of Public Instruction

Attn: Public Disclosure Officer

Old Capital [Capitol ] Building, 600 S. Washington

P.O. Box 47200

Olympia, WA 98504-7200

Phone: 360-725-6372

Fax: 360-753-4201

publicrecordsrequest@k12.wa.us.

Information is also available at the commission's website.

(3) The public disclosure officer will oversee compliance with the act but a commission staff member may process the request. Therefore, these rules will refer to the public records officer or "designee." The public records officer or designee and the commission will provide the "fullest assistance" to requestors; create and maintain for use by the public and officials an index to public records of the commission; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the commission.

History

Capitol ] Building, 600 S. WashingtonP.O. Box 47200Olympia, WA 98504-7200Phone: 360-725-6372Fax: 360-753-4201publicrecordsrequest@k12.wa.us.Information is also available at the commission's website.(3) The public disclosure officer will oversee compliance with the act but a commission staff member may process the request. Therefore, these rules will refer to the public records officer or "designee." The public records officer or designee and the commission will provide the "fullest assistance" to requestors
create and maintain for use by the public and officials an index to public records of the commission
ensure that public records are protected from damage or disorganization
and prevent fulfilling public records requests from causing excessive interference with essential functions of the commission.[Statutory Authority: Chapter 42.56 RCW. WSR 17-08-011, § 108-50-020, filed 3/24/17, effective 4/24/17
WSR 14-12-065, § 108-50-020, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-50-030 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying during customary business hours of the commission, customary office hours are from 8:00 a.m. to noon and from 1:00 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The commission is a small state agency with limited staffing. Consistent with other demands, the commission will provide fullest assistance when a request for inspection is made; to avoid inconvenience, a time to inspect the records should be scheduled with the public records officer. Records must be inspected at the commission's office.

(2) Records index. An index of public records is available for use by members of the public, including:

(a) Commission monthly meetings;

(b) Annual solicitation documents;

(d) Evaluation team recommendation reports;

(e) Resolutions by the commission which are filed by resolution number, by year.

The index may be accessed online at the commission's website.

(3) Organization of records. The commission will maintain its records in a reasonably organized manner. The commission will take reasonable actions to protect records from damage and disorganization. A requestor shall not take the commission records from the commission offices. A variety of records is available on the commission website.

Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(4) Making a request for public records.

(a) Any person wishing to inspect or copy public records of the commission shall make the request by contacting the public disclosure officer at the office of superintendent of public instruction:

Office of Superintendent of Public Instruction

Attn: Public Disclosure Officer

Old Capital [Capitol ] Building, 600 S. Washington

P.O. Box 47200

Olympia, WA 98504-7200

Phone: 360-725-6372

Fax: 360-753-4201

publicrecordsrequest@k12.wa.us.

and include the following information:

• Name of requestor;

• Address of requestor;

• Other contact information, including telephone number and any email address;

• Adequate identification of the public records for the public records officer or designee to locate the records; and

• The date and time of day of the request.

(b) No fee shall be charged for the inspection of public records. The commission may impose a reasonable charge for providing copies of public records; those charges shall not exceed the amount necessary to reimburse the commission for actual costs incident to such copying. When subject to reasonable charge, no public records will be released until and unless the requestor has tendered payment for such copying to the appropriate official. All charges must be paid by money order, check, or cash in advance.

History

Capitol ] Building, 600 S. WashingtonP.O. Box 47200Olympia, WA 98504-7200Phone: 360-725-6372Fax: 360-753-4201publicrecordsrequest@k12.wa.us.and include the following information:• Name of requestor
• Address of requestor
• Other contact information, including telephone number and any email address
• Adequate identification of the public records for the public records officer or designee to locate the records
and• The date and time of day of the request.(b) No fee shall be charged for the inspection of public records. The commission may impose a reasonable charge for providing copies of public records
those charges shall not exceed the amount necessary to reimburse the commission for actual costs incident to such copying. When subject to reasonable charge, no public records will be released until and unless the requestor has tendered payment for such copying to the appropriate official. All charges must be paid by money order, check, or cash in advance.[Statutory Authority: Chapter 42.56 RCW. WSR 17-08-011, § 108-50-030, filed 3/24/17, effective 4/24/17
WSR 14-12-065, § 108-50-030, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-50-040 Processing of public records requests—General.

(1) Providing "fullest assistance." The commission is charged by statute with adopting rules which provide for how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the agency," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.

(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following:

(a) Make the records available for inspection or copying;

(b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or

(e) Deny the request.

(3) Consequences of failure to respond. If the commission does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.

(4) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(5) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the commission believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(6) Inspection of records.

(a) Consistent with other demands, the commission shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the agency to copy.

(b) The requestor must claim or review the assembled records within thirty days of the commission's notification to him or her that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the commission may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(7) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.

(8) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(9) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the commission has completed a diligent search for the requested records and made any located nonexempt records available for inspection.

(10) Closing withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records, or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the commission has closed the request.

(11) Later discovered documents. If, after the commission has informed the requestor that it has provided all available records, the commission becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

History

Statutory Authority: Chapter 42.56 RCW. WSR 14-12-065, § 108-50-040, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-50-060 Exemptions.

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the commission for inspection and copying:

(a) Examination test scores;

(b) Teacher, student, or public employee information that would constitute an invasion of privacy as defined in RCW 42.56.210;

(c) Preliminary drafts, notes, recommendations and intra-agency memorandums not publicly cited by the commission in connection with any commission action.

Pursuant to RCW 42.56.070, the commission reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy: Provided, however, in each case, the justification for the deletion shall be explained fully in writing.

(2) The commission is prohibited by statute from disclosing lists of individuals for commercial purposes.

History

Statutory Authority: Chapter 42.56 RCW. WSR 14-12-065, § 108-50-060, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-50-070 Costs of providing copies of public records.

(1) Costs for paper copies. There is no fee for inspecting public records. A requestor may obtain standard black and white photocopies for five cents per page and color copies for ten cents per page.

Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment, before providing that installment. The commission will not charge sales tax when it makes copies of public records.

(2) Costs for electronic records. The cost of electronic copies of records shall be two dollars for information on a CD-ROM. The cost of scanning existing commission paper or other nonelectronic records is five cents per page. There will be no charge for emailing electronic records to a requestor, unless another cost applies such as a scanning fee.

(3) Costs of mailing. The commission may also charge actual costs of mailing, including the cost of the shipping container.

(4) Payment. Payment may be made by cash, check, or money order to the commission.

History

Statutory Authority: Chapter 42.56 RCW. WSR 14-12-065, § 108-50-070, filed 6/2/14, effective 7/3/14.

Wash. Admin. Code § 108-50-080 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer shall promptly provide the petition and any other relevant information to the public records officer's supervisor or other agency official designated by the agency to conduct the review. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the agency's receipt of the petition, or within such other time as the commission and the requestor mutually agree to.

(3) Applicable to state agencies only - Review by the attorney general's office. Pursuant to RCW 42.56.530, if the commission denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

(4) Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: Chapter 42.56 RCW. WSR 14-12-065, § 108-50-080, filed 6/2/14, effective 7/3/14.

Chapter 108-60 Complaints against charter schools.

Wash. Admin. Code § 108-60-010 Policy statement.

RCW 28A.710.185 authorizes the Washington state charter school commission to adopt rules to implement an online system for students enrolled in charter public schools and parents or guardians of those students to submit complaints about the operation and administration of charter public schools. RCW 28A.710.187 directs charter public schools to prominently post and maintain on their website the school's process and instructions for submitting complaints by its students and parents about the operation or administration of the school.

In addition to RCW 28A.710.187, charter public schools authorized by the commission are required to have a written complaint process that includes an appeal process. There are additional complaint processes available to students and parents including, but not limited to, those found in chapters 392-172A and 392-190 WAC. The commission process for receiving complaints supplements these processes for complaints against schools within the commission's authority. Schools authorized by the commission must have a complaint process that is accessible to the school community. Schools are encouraged to utilize any complaints the school receives to improve the school's complaint process, operations, and communications within the school community.

This chapter applies to charter public schools authorized by the Washington state charter school commission.

History

Statutory Authority: RCW 28A.710.070, 28A.710.100, 28A.710.170, 28A.710.185, 28A.710.187, 28A.710.190, and 28A.710.200. WSR 24-01-111, § 108-60-010, filed 12/19/23, effective 1/19/24.

Wash. Admin. Code § 108-60-020 School complaint process.

(1) Charter public schools must have a procedure to resolve complaints by students or parents or guardians about the school's operation or administration of the charter public school. The requirement includes, but is not limited to, the requirements established under RCW 28A.710.187.

(2) Charter public schools must provide students and parents or guardians, information on the school's complaint process a minimum of two times each school year. If the school communicates information electronically to students and parents or guardians, an electronic link to the website information about the school's process and instructions for submitting complaints must be included.

(3) Charter public schools must provide students and parents or guardians information on the existence of and the location of the school's student/family handbook a minimum of two times each school year. If the student/family handbook is available electronically, the school must include an electronic link to the student/family handbook, along with specific instruction on where the complaint process is within the student/family handbook.

(4) Charter public schools must provide all enrolled students and their parents or guardians the opportunity to provide anonymous feedback on the school's complaint process at least once during each school year. The purpose of gathering feedback is to support the school in continuous improvement of its communications with families. If the opportunity provided by the school is at a meeting or forum, the school must notify the commission at least two weeks before the meeting or forum. If the opportunity provided by the school is through written feedback, the school must promptly provide a copy of the request to students/parents for written feedback to the commission. Within 30 days of the deadline for feedback from students/parents, the school must provide a written summary to the commission of the feedback received from students/parents, and a response to the feedback, including any steps the school plans to take to improve the process if needed.

History

Statutory Authority: RCW 28A.710.070, 28A.710.100, 28A.710.170, 28A.710.185, 28A.710.187, 28A.710.190, and 28A.710.200. WSR 24-01-111, § 108-60-020, filed 12/19/23, effective 1/19/24.

Wash. Admin. Code § 108-60-030 Commission school complaint process.

(1) The complaint process in this chapter is for use by charter school students and their parents or guardians in making complaints against the charter public school currently attended by the student. For purposes of this complaint process, a charter school student must (a) currently attend the charter public school that is the subject of the complaint to the commission, (b) have attended the school within the 90 days prior to filing the complaint with the commission, or (c) attended the school at the time the complaint was submitted to the school through the school's complaint process.

(2) Before filing a complaint with the commission, the school's complaint process should be followed. A student or a parent/guardian of the student should first submit any complaint about the operation or administration of a public charter school to the charter public school using the school's complaint process.

(3) If after completing the school's complaint process (including the appeals process), the complaint remains unresolved, the student or the parent/guardian may submit the complaint to the commission through the commission's online complaint process on the Washington state charter school commission website.

(4) Complaints must be filed with the commission within 90 days of the final decision under the school's complaint process.

(5) The commission will acknowledge receipt of the submitted complaint by contacting the student or parent/guardian within 10 business days.

(a) If a complaint is filed with the commission before the completion of the school's complaint process, the commission will notify the school and the student/parent, and the commission will send the complaint to the school so that the complaint can be addressed through the school's complaint process.

(b) When a complaint is sent to the school under (a) of this subsection, the school is required to promptly provide written notification to the commission regarding the final decision from the school's complaint process and the reason(s) for the outcome of the complaint. The written notification from the school must be provided to the commission within 10 business days of the school's final decision.

(c) After a complaint has gone through the school's complaint process, the student/parent may submit the complaint through the commission's online complaint process within 90 days of the final decision from the school's complaint process.

(6) The commission will review the complaint. When a complaint is in an area within the commission's authority, the commission will determine whether an investigation is necessary and the type of investigation. An investigation may include, but is not limited to, information gathering, a more in-depth investigation during the commission's routine oversight of a school, and/or a separate investigation of the complaint. The commission will provide written notice to the student/parent and the school after the review and/or investigation.

(7) If circumstances warrant it, the commission may alter the time frames within these rules and/or the steps involved in the process.

History

Statutory Authority: RCW 28A.710.070, 28A.710.100, 28A.710.170, 28A.710.185, 28A.710.187, 28A.710.190, and 28A.710.200. WSR 24-01-111, § 108-60-030, filed 12/19/23, effective 1/19/24.

Wash. Admin. Code § 108-60-040 Use of complaints.

(1) A complaint submitted through the commission's online process may lead to a more formal inquiry under WAC 108-40-010 through 108-40-050 and/or 108-40-110.

(2) If a school has a pattern of well-founded complaints against it, the commission may consider the pattern of well-founded complaints in performance reports, the charter contract renewal process, expansion, transition to kindergarten, or other similar decisions about the school.

History

Statutory Authority: RCW 28A.710.070, 28A.710.100, 28A.710.170, 28A.710.185, 28A.710.187, 28A.710.190, and 28A.710.200. WSR 24-01-111, § 108-60-040, filed 12/19/23, effective 1/19/24.

Title 108 WAC — Charter School Commission

Chapter 108-10 Introduction.

Wash. Admin. Code § 108-10-010 Purpose.

Wash. Admin. Code § 108-10-020 Authority.

Wash. Admin. Code § 108-10-030 Definitions.

Chapter 108-20 Application.

Wash. Admin. Code § 108-20-010 Charter school application process information.

Wash. Admin. Code § 108-20-020 Notice of intent.

Wash. Admin. Code § 108-20-030 Application submission.

Wash. Admin. Code § 108-20-040 Applicant interview.

Wash. Admin. Code § 108-20-050 Public forum.

Wash. Admin. Code § 108-20-060 Application evaluators.

Wash. Admin. Code § 108-20-070 Criteria used for application evaluation.

Wash. Admin. Code § 108-20-080 Ratings.

Wash. Admin. Code § 108-20-090 Approval or denial of an application.

Chapter 108-30 Performance framework.

Wash. Admin. Code § 108-30-010 Performance framework policy statement.

Wash. Admin. Code § 108-30-020 Performance framework.

Wash. Admin. Code § 108-30-030 Rating categories.

Wash. Admin. Code § 108-30-040 Review process.

Chapter 108-40 Charter school oversight and corrective action policy, renewal and nonrenewal policy, revocation policy, and termination protocol.

Wash. Admin. Code § 108-40-010 Oversight and corrective action policy statement.

Wash. Admin. Code § 108-40-020 Oversight.

Wash. Admin. Code § 108-40-030 Inquiries and site visits.

Wash. Admin. Code § 108-40-040 Corrective action process.

Wash. Admin. Code § 108-40-050 Corrective action plans.

Wash. Admin. Code § 108-40-060 Renewal policy statement.

Wash. Admin. Code § 108-40-070 Renewal process.

Wash. Admin. Code § 108-40-080 Performance report.

Wash. Admin. Code § 108-40-090 Renewal decision and presumptions.

Wash. Admin. Code § 108-40-100 Procedures associated with possible nonrenewal decision.

Wash. Admin. Code § 108-40-110 Revocation of charter school contract.

Wash. Admin. Code § 108-40-120 Termination protocol statement.

Wash. Admin. Code § 108-40-130 Termination protocol responsibilities of the charter school board.

Wash. Admin. Code § 108-40-140 Termination protocol responsibilities of the commission's staff.

Wash. Admin. Code § 108-40-150 Termination protocol responsibilities of the transition team.

Wash. Admin. Code § 108-40-160 Termination protocol responsibilities of the charter school lead administrator.

Wash. Admin. Code § 108-40-170 Termination protocol responsibilities of the charter school lead administrator and the charter school commission staff.

Wash. Admin. Code § 108-40-180 Termination protocol responsibilities of the charter school financial lead.

Wash. Admin. Code § 108-40-190 Termination protocol final closure meeting.

Wash. Admin. Code § 108-40-200 Voluntary school closure.

Chapter 108-50 Public records.

Wash. Admin. Code § 108-50-010 Authority and purpose.

Wash. Admin. Code § 108-50-020 Agency description—Contact information—Public records officer.

Wash. Admin. Code § 108-50-030 Availability of public records.

Wash. Admin. Code § 108-50-040 Processing of public records requests—General.

Wash. Admin. Code § 108-50-060 Exemptions.

Wash. Admin. Code § 108-50-070 Costs of providing copies of public records.

Wash. Admin. Code § 108-50-080 Review of denials of public records.

Chapter 108-60 Complaints against charter schools.

Wash. Admin. Code § 108-60-010 Policy statement.

Wash. Admin. Code § 108-60-020 School complaint process.

Wash. Admin. Code § 108-60-030 Commission school complaint process.

Wash. Admin. Code § 108-60-040 Use of complaints.

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