FILE:  HB

 

OVERSIGHT AND EVALUATION OF CHARTER SCHOOLS

 

 

CHARTER SCHOOL ACCOUNTABILITY FRAMEWORK

 

  1. The Charter School Accountability Framework (CSAF) outlines the expectations the Orleans Parish School Board (OPSB) has for charter schools under its jurisdiction and the processes the School District shall use, annually and at the point of each charter’s extension or renewal, to track and evaluate school performance against those expectations.

  2. Charter school performance shall be evaluated, using the CSAF, in the following categories:

 

  1. Academic Performance

  2. Financial Performance

  3. Organizational Performance

 

  1. Any change to the CSAF shall be presented to the School Board no later than the August meeting of the School Board for implementation in the same school year.

  2. Evaluation of Academic Performance

 

  1. The School Board shall evaluate charter schools using the student performance indicators and related measures set forth in the CSAF and its operating agreement.

  2. Charter schools shall participate fully in the Louisiana standardized testing and accountability programs, including the administration of all required state assessments.

 

  1. Evaluation of Organizational and Financial Performance

 

  1. The School Board shall evaluate each charter school’s compliance with financial and organizational performance expectations outlined in the CSAF and the school’s operating agreement.

 

ANNUAL CHARTER SCHOOL OVERSIGHT

 

  1. Each year, School District staff shall conduct activities, including annual site visits, to monitor charter school performance and practices. The details of these annual oversight activities shall be articulated in the CSAF.

  2. Consistent with the philosophy of holding charter schools to high academic standards, academic outcomes that merit concern may result in heightened oversight of charter schools during the school year. The relevant performance standards and corresponding oversight process shall be as articulated in the CSAF.

 

NON-COMPLIANCE NOTIFICATIONS AND REMEDIATION

 

  1. The School District shall oversee each charter school’s compliance with its operating agreement, federal and state laws and regulations and School Board policy.

  2. The School Board shall consider each charter school in good standing unless or until a school becomes non-compliant.  At any point in a school year, a school may be deemed non-compliant. The CSAF shall articulate the compliance monitoring process, the process for corrective action, and how OPSB determines that a school has become non-compliant.

  3. The compliance monitoring process and process for corrective action shall include issuance of levels of non-compliance notices by the School District.

 

  1. A Non-Compliance Notice Level 1 is a notice of a compliance deficiency for issues that the School Board administration determines are non-recurring and non-intentional and that do not cause harm to students.

  2. A Non-Compliance Notice Level 2 is a notice of a compliance deficiency that is more severe in nature, such as a Level 1 issue that goes unaddressed or reoccurs, or an issue that the School Board administration determines to be intentional or to represent potential or real harm to students’ well-being, educational rights, and/or educational safety.

 

PARENT/GUARDIAN AND FAMILY NOTIFICATION

 

  1. If a charter school receives a Notice of Non-Compliance Level 2, is placed on a performance improvement plan by the school district, or is asked to submit a plan to the Louisiana Department of Education as a result of receiving a label of Comprehensive or Urgent Intervention Required, the following actions shall be taken:

 

  1. Level 2 Non-Compliance Notices shall be reported to the School Board Accountability Committee meeting immediately following the issuance of the Notices and shall be posted to OPSB’s website.

  2. Charter schools that are placed on an improvement plan by the School Board or that are required to submit a plan to the Louisiana Department of Education as a result of receiving a label of Comprehensive or Urgent Intervention Required shall distribute the plan to the guardians and families of students currently enrolled in the schools to ensure that guardians and families are aware of current actions the school is undertaking to improve its performance.

  3. The charter school shall also provide any additional notification to guardians and families of students as set forth in the CSAF.

 

CHARTER SCHOOL EXTENSION STANDARDS AND PROCESS

 

  1. The Superintendent shall undertake an extension review in the fall of a school’s fourth year of operation. The Superintendent shall recommend to the School Board by January 31st of a school’s fourth year of operation that the school’s operating agreement be:

 

  1. Extended to complete the initial five year term; or

  2. Non-extended and allowed to expire at the end of the school’s fourth year of operation.

 

  1. Extension reviews shall be conducted according to the following standards:

 

  1. The Superintendent may recommend extension for a school in its initial term if the charter school’s most recent letter grade is an “A”, “B”, “C”, or “D”.

  2. The Superintendent may recommend extension for an Alternative Education School in its initial term if the school receives a score greater than or equal to 50 points on the OPSB Alternative Renewal Assessment, as detailed in the CSAF.

 

  1. If the Superintendent determines that non-extension of the operating agreement of a school that does not meet extension standards would result in the majority of the school’s students attending academically lower-performing schools, then the Superintendent may waive the extension standards for the school and recommend the school for extension.

  2. The Superintendent may implement extension recommendations once submitted to the School Board, unless rejected by a two-thirds vote of the full membership of the School Board by not later than the School Board’s next meeting following the presentation of such recommendations. 

  3. Final action on all charter extension recommendations shall be completed by not later than January 31st of the final year of the school’s current charter term, or as otherwise required by law.

 

RENEWAL PROCESS AND TIMELINE

 

  1. At the conclusion of a charter school’s term, the charter operator no longer has a continuing right to operate the school, unless the school’s operating agreement is extended or renewed. 

  2. The School Board shall grant renewals to charter schools in accordance with the processes and standards established in this policy and detailed in the CSAF.

  3. In making renewal recommendations, the Superintendent and staff shall clearly communicate their rationale, and the school shall be afforded an opportunity to respond to and address any identified concerns prior to the recommendation being forwarded to the School Board for consideration.

  4. Two renewal review pathways shall be available to charter schools:

 

  1. Automatic Renewal: Pursuant to La. Rev. Stat. Ann. §17:3992, the Superintendent, shall automatically recommend renewal of the operating agreements for a school that earns a state-issued School Performance Score equivalent to a letter grade of “A” or “B” for each of the three consecutive school years immediately preceding the school’s renewal and that has no significant organizational or financial concerns for each of those three school years. 

  2. Renewal Review:  Charter schools that do not qualify for automatic renewal shall be considered for renewal in accordance with the procedures articulated in the CSAF and in this policy.

 

  1. Determinations regarding renewal pathway eligibility shall be made by the Superintendent based upon the most recently-available student performance data information pursuant to the CSAF.

  2. All renewal recommendations shall be presented by the Superintendent to the School Board for approval by not later than January 31st of the final year of the school’s current charter term.

  3. The Superintendent may implement such recommendations once submitted to the School Board, unless rejected by a two-thirds vote of the full membership of the School Board by not later than the Board’s next meeting following the presentation of such recommendations.

  4. Final action on all charter renewal recommendations shall be completed by not later than January 31st of the final year of the school’s current charter term, or as otherwise required by law.

  5. Any additional required renewal activities, processes, and timelines shall be articulated in the CSAF.

 

RENEWAL TERMS AND STANDARDS

 

  1. During the renewal decision-making process, the Superintendent and staff shall assess the school’s past performance across three areas of oversight: academic, organizational, and financial performance.

  2. The Superintendent shall use a renewal measure (“School Performance Renewal Index” or “SPRI”) to determine whether a school qualifies for renewal recommendation.

 

  1. The methodology for the calculation of the SPRI measure shall be articulated in the CSAF.

  2. For schools in their initial term, the SPRI shall be the most recent School Performance Score (“SPS”) issued by the state.

  3. For schools in their second or subsequent terms, the SPRI shall include multiple years of school performance outcomes.

 

Base Term

Renewal Standard for K-12 Schools

10 years

Schools receive a state-issued letter grade of “A” for the three years immediately prior to renewal; AND

For three of the four years prior to renewal: Schools receive a Progress Index of 100 or higher for economically disadvantaged students, and a re-enrollment rate of 90% or higher for economically disadvantaged students.

7 years

Schools receive an SPRI equivalent to a letter grade of “A” AND do not qualify for the 10-year renewal.

 

Schools receive an SPRI equivalent to a letter grade of “B”.

5 years

Schools receive an SPRI equivalent to a letter grade of “C”.

OR

Schools receive an SPRI equivalent to a letter grade of “D” AND a Progress Index of 100 or higher.

3 years

K-8 Schools

Schools receive an SPRI equivalent to a letter grade of “D” AND a Progress Index that ranks in the top quartile citywide, among all non-selective admissions K-8 schools.

 

9-12 Schools

Schools receive an SPRI equivalent to a letter grade of “D” AND a Progress Index that ranks in the top quartile citywide, among non-selective admissions 9-12 schools.

 

Combination Schools

School receives an SPRI equivalent to a letter grade of “D” AND EITHER

1)      a K-8 Progress Index that ranks in the top quartile citywide, among non-selective admissions K-8 schools, or

2)      a 9-12 Progress Index that ranks in the top quartile, among non-selective admissions 9-12 schools.

 

  1. A school subject to renewal review prior to July 1, 2020 may request that its renewal recommendation be determined based upon either the school’s official state-issued one-year SPS measure for renewal recommendations, or the measure included in the CSAF.

 

  1. Any Progress Index referred to in the below table shall be the most recent Progress Index issued by the state, pursuant to the state’s accountability system.

  2. Consistent with the philosophy of rewarding strong performance and providing incentives for schools to strive for continual improvement, the renewal terms for OPSB-authorized charter schools shall be linked to each school’s performance on the OPSB renewal standards in accordance with the following table:

  3. Any school, regardless of grade configuration, that receives an SPRI equivalent of letter grade of F is not eligible for renewal.

  4. Regardless of academic outcomes, the district may deem that a charter school is ineligible for renewal if there has been a significant, consistent, or material violation related to financial malfeasance or of student/family rights, in areas such as special education, discipline, or enrollment.

  5. The Superintendent may subtract up to two years from a renewal base term length:

 

  1. for schools that receive multiple Level 2 Non-Compliance Notifications during the current charter term or that are subject to a Level 2 Non-Compliance Notification at the time the renewal recommendation is presented to the School Board; or

  2. where fewer than fifty percent (50%) of the school’s enrolled grades are testable under state accountability.

 

  1. Under certain circumstances, where deemed appropriate by the Superintendent, the Superintendent may recommend a three (3) year contingent renewal term to a set of schools that fail to meet the standards outlined in the above table, once those schools have been reconsidered through a comprehensive evaluation. 

 

  1. Schools eligible for such a comprehensive evaluation are:

 

  1. K-8 schools in their  initial charter term that have an SPRI equivalent to a letter grade of “D” AND receive a Progress Index that ranks below the top quartile citywide, among non-selective admissions K-8 schools;

  2. K-8 schools in their second or subsequent terms that receive an SPRI equivalent to a letter grade of “D” AND receive a Progress Index in the 2nd quartile citywide, among non-selective admissions K-8 schools;

  3. 9-12 schools, in their initial or subsequent terms, that receive an SPRI equivalent to a letter grade of “D” AND receive a Progress Index that ranks  below the top quartile citywide, among non-selective admissions 9-12 schools; or

  4. Combination schools, in their initial or subsequent terms, that receive an SPRI equivalent to a letter grade of “D” AND receive a K-8 Progress Index that ranks below the top quartile citywide, among non-selective admissions K-8 schools, AND receive a 9-12 Progress Index that ranks below the top quartile citywide, among non-selective admissions 9-12 schools.

 

  1. If the Superintendent recommends such a school for renewal, the recommendation may be contingent upon additional requirements for the charter operator, including, but not limited to, reconfiguration of the school’s enrollment and grade level, changes in programmatic offerings, and other potential changes to school characteristics.

  2. A school shall not be eligible for a contingent renewal as detailed in this paragraph more than once during its existence.

  3. Details on the comprehensive evaluation process shall be defined within the CSAF.

 

  1. If the Superintendent determines that the closure of a school that does not meet renewal standards would result in the majority of its students attending academically lower-performing schools, the Superintendent may waive the renewal standards in this policy and the CSAF, and recommend the school for renewal.

 

RENEWAL TERMS AND STANDARDS FOR ALTERNATIVE SCHOOLS

 

  1. The Superintendent shall evaluate alternative charter schools based on the measures and standards in the CSAF and the Alternative Renewal Assessment or other such tool identified by the school and OPSB.  Such charter schools shall remain subject to the financial and organizational expectations in the CSAF.

  2. The renewal terms for OPSB-authorized alternative charter schools shall be linked to each school’s performance on the OPSB renewal standards for alternative schools in accordance with the following table:

 

Maximum Length

Alternative Renewal Assessment Score

5 years

80 to 100

3 years

50 to 79

 

SUSPENSION, REVOCATION, AND SURRENDER OF CHARTER OPERATING AGREEMENT

 

  1. Revocation of an Operating Agreement

 

  1. The Superintendent may revoke a school’s operating agreement during its charter term for the following reasons, as identified in statute and/or the terms of the school’s operating agreement:

 

  1. Material violation of the operating agreement;

  2. Failure to meet or pursue within the agreed timelines the academic and other educational results specified in the operating agreement and the CSAF;

  3. Failure to meet generally accepted accounting standards of fiscal management;

  4. Egregious and/or consistent violation of federal , state or local laws or School Board policies;

  5. Gross mismanagement of public funds;

  6. Financial malfeasance;

  7. Failure to retain and maintain adequate facilities;

  8. Failure to sustain student enrollment sufficient to meet financial obligations;

  9. Failure to open an approved charter school within twenty-four months after execution of the operating agreement, unless granted an extension by the School Board;

  10. Failure to timely execute an LEA Agreement mutually agreed to with the School Board at any time during the charter term, where the charter school is a part of the School Board’s local educational agency; or

  11. Failure to protect the health, safety, and/or welfare of students.

 

  1. The Superintendent shall provide written notice of a proposed revocation to the charter school’s governing board, not later than 30 calendar days prior to the School Board meeting during which the Superintendent will make a recommendation regarding a proposed revocation.

  2. The Superintendent shall provide written notice of a proposed revocation to all school staff, and the parents or guardians of all current school students, at least fifteen (15) days prior to the Superintendent’s revocation recommendation to the School Board.

  3. At least five (5) days prior to the presentation of a recommendation for revocation of a school’s operating agreement, the Superintendent shall conduct one or more school community meetings, to be held at the facility currently occupied by the school proposed to be closed, or in a location as near as practicable.  

  4. The Superintendent shall present recommendations to the School Board regarding the revocation of any charter school’s operating agreement under the board's jurisdiction.

  5. The charter operator shall have the opportunity to appear before a meeting of the School Board’s Accountability Committee, recorded and transcribed at the operator’s expense, with witnesses if necessary, to answer all identified findings and reasons for the action.

  6. Unless rejected by a two-thirds  (2/3) vote of the full membership of the Board, by not later than the Board’s next meeting following the presentation of the Superintendent’s recommendation, the Superintendent may implement any such recommendation submitted to the Board.

 

  1. Emergency Suspension of an Operating Agreement

 

  1. The Superintendent may immediately suspend a school’s operating agreement upon a determination that the health, safety, or welfare of students is threatened.

  2. Under an emergency suspension, the provisions of Subsection I(1)(b-f) herein shall be waived, and the school shall immediately cease all operations.  The Superintendent shall provide public notice of the emergency suspension, including to the families of all students, staff, and governing board members, as soon as practicable, but not later than three (3) school days following the determination.  A School Board hearing to consider the Superintendent’s actions shall be convened as soon as practicable following the public hearing, but no later than seventy-two (72) hours following public notification.

  3. The Superintendent may revoke the school’s operating agreement immediately following the School Board hearing, unless rejected by a two-thirds (2/3) vote of the full membership of the School Board by not later than the Board’s next meeting following the presentation of the Superintendent’s recommendation.

 

  1. Voluntary Surrender of a Charter

 

  1. If the charter school operator determines that it will no longer operate a charter school, it shall relinquish the charter to the School Board by December 31st of the year in which it intends to discontinue such operation.

  2. Failure to relinquish a charter by December 31st, or failure to complete the entirety of the school year in which such relinquishing of a charter occurs, may result in the School Board declaring such operator ineligible to apply for, open, or otherwise operate any school for up to five years.

 

  1. If at any time during this period, members of such charter operator’s board of directors form a majority of board membership for a different charter operator, the School Board may declare such operator ineligible to apply for, open, or otherwise operate any school.

 

Revised:  August 30, 2016

Revised:  May 17, 2018

 

 

Ref:    La. Rev. Stat. Ann. §§17:3971, 17:3973, 17:3974, 17:3981, 17:3982, 17:3983, 17:3983.1, 17:3991, 17:3991.1, 17:3992

Charter Schools, Bulletin 126, Louisiana Department of Education

Board minutes, 8-30-16, 5-17-18

 

Orleans Parish School Board