(1) The charter school
application is a proposed agreement upon which the charter applicant and the
chartering local board of education negotiate a charter contract. At a minimum,
each charter school application includes:
(a) An executive summary that outlines the elements of the application and
provides an overview of the proposed charter school;
(b) The vision and mission statements of the proposed charter school;
(c) The goals, objectives, and student performance standards the proposed
charter school expects to achieve, including but not limited to the performance
indicators specified in section 22-11-204 and applicable standards and goals
specified in federal law;
(d) Evidence that an adequate number of parents and pupils support the
formation of a charter school;
(e) Descriptions of the proposed charter school's educational program,
student performance standards, and curriculum;
(f) A plan for evaluating student performance across the curriculum, which
plan aligns with the proposed charter school's mission and educational objectives
and provides a description of the proposed charter school's measurable annual
targets for the measures used to determine the levels of attainment of the
performance indicators specified in section 22-11-204, and procedures for taking
corrective action if student performance at the school falls below the described
targets;
(g) Evidence that the plan for the proposed charter school is economically
sound, including a proposed budget for a term of at least five years. The charter
application shall also describe the method for obtaining an independent annual
audit of the proposed charter school's financial statements consistent with
generally accepted auditing standards and circular A-133 of the United States
office of management and budget, as originally published in the federal register of
June 30, 1997, and as subsequently amended.
(h) A description of the governance and operation of the proposed charter
school, including the nature and extent of parental, professional educator, and
community involvement in the governance and operation of the proposed charter
school, that is consistent with the standards adopted by rule of the state board
pursuant to section 22-2-106 (1)(h);
(i) An explanation of the relationship that will exist between the proposed
charter school and its employees and the proposed charter school's employment
policies or a plan for the timely development of employment policies;
(j) A proposal regarding the parties' respective legal liabilities and applicable
insurance coverage, which insurance coverage shall include, at a minimum,
workers' compensation, liability insurance, and insurance for the proposed charter
school's facility and its contents;
(k) The proposed charter school's expectations and plans for ongoing parent
and community involvement;
(l) A description of the proposed charter school's enrollment policy,
consistent with the requirements of section 22-30.5-104 (3) and rules adopted by
the state board pursuant to section 22-2-106 (1)(h), and the criteria for enrollment
decisions;
(m) A statement of whether the proposed charter school plans to address
the transportation or food service needs of its students while they are attending the
school. The proposed charter school may choose not to provide transportation or
food services, may choose to develop or form a charter school collaborative as
described in section 22-30.5-603 to provide transportation or food services, or may
choose to negotiate with a school district, board of cooperative services, or private
provider to provide transportation or food services for its students. If the proposed
charter school chooses to provide transportation or food services, the application
shall include a plan for each provided service, which plan, at a minimum, shall
specifically address serving the needs of low-income students, complying with
insurance and liability issues, and complying with any applicable state or federal
rules or regulations.
(n) A facilities plan that details viable facilities options that are consistent
with section 22-32-124 and the reasonable costs of the facility, which are reflected
in the proposed budget;
(o) A list of the waivers of statute, state rule, and school district policies that
the proposed charter school is requesting. For each requested waiver of a statute
or state rule that is not an automatic waiver, the charter school application must
state the rationale for the requested waiver and the manner in which the proposed
charter school plans to meet the intent of the waived statute, rule, or policy.
(p) Policies regarding student discipline, expulsion, and suspension that are
consistent with the intent and purpose of sections 22-33-106 and 22-33-106.1,
provide adequately for the safety of students and staff, and provide a level of due
process for students that, at a minimum, complies with the requirements of the
federal Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq.;
(q) A plan for serving students with special needs, including budget and staff
requirements, which plan shall include identifying and meeting the learning needs
of at-risk students, students with disabilities, gifted and talented students, and
English language learners;
(r) A dispute resolution process, as provided in section 22-30.5-107.5; and
(s) If the proposed charter school intends to contract with an education
management provider:
(I) A summary of the performance data for all of the schools the education
management provider is managing at the time of the application or has managed
previously, including documentation of academic achievement and school
management success;
(II) An explanation of and evidence demonstrating the education
management provider's capacity for successful expansion while maintaining quality
in the schools it is managing;
(III) An explanation of any existing or potential conflicts of interest between
the governing board of the proposed charter school and the education management
provider; and
(IV) A copy of the actual or proposed performance contract between the
governing board for the proposed charter school and the education management
provider that specifies, at a minimum, the following material terms:
(A) Performance evaluation measures;
(B) The methods of contract oversight and enforcement that the governing
board will apply;
(C) The compensation structure and all fees that the proposed charter
school will pay to the education management provider; and
(D) The conditions for contract renewal and termination.
(2) No person, group, or organization may submit an application to convert a
private school or a nonpublic home-based educational program into a charter
school or to create a charter school which is a nonpublic home-based educational
program as defined in section 22-33-104.5.
(3) A charter applicant is not required to provide personal identifying
information concerning any parent, teacher, or prospective pupil prior to the time
that the charter contract is approved by both parties and either the charter school
actually employs the teacher or the pupil actually enrolls in the charter school,
whichever is applicable. A charter school applicant shall provide, upon request of
the chartering school district, aggregate information concerning the grade levels
and schools in which prospective pupils are enrolled.