2006 Code of Virginia § 22.1-212.8 - Charter application

22.1-212.8. Charter application.

A. Any person, group, or organization, including any institution of highereducation, may submit an application for the formation of a public charterschool.

B. The public charter school application shall be a proposed agreement andshall include:

1. The mission statement of the public charter school that must be consistentwith the principles of the Standards of Quality.

2. The goals and educational objectives to be achieved by the public charterschool, which educational objectives must meet or exceed the Standards ofLearning.

3. (Effective until July 1, 2009) Evidence that an adequate number ofparents, teachers, pupils, residents of the school division, or anycombination thereof, support the formation of a public charter school.

3. (Effective July 1, 2009) Evidence that an adequate number of parents,teachers, pupils, or any combination thereof, support the formation of apublic charter school.

4. A statement of the need for a public charter school in a school divisionor relevant school divisions in the case of a regional public charter school,or in a geographic area within a school division or relevant schooldivisions, as the case may be.

5. A description of the public charter school's educational program, pupilperformance standards, and curriculum, which must meet or exceed anyapplicable Standards of Quality; any assessments to be used to measure pupilprogress towards achievement of the school's pupil performance standards, inaddition to the Standards of Learning assessments prescribed by 22.1-253.13:3; the timeline for achievement of such standards; and theprocedures for taking corrective action in the event that pupil performanceat the public charter school falls below such standards.

6. A description of the lottery process to be used to determine enrollment. Alottery process shall also be developed for the establishment of a waitinglist for such students for whom space is unavailable and, if appropriate, atailored admission policy that meets the specific mission or focus of thepublic charter school and is consistent with all federal and state laws andregulations and constitutional provisions prohibiting discrimination that areapplicable to public schools and with any court-ordered desegregation plan ineffect for the school division or, in the case of a regional public charterschool, in effect for any of the relevant school divisions.

7. Evidence that the plan for the public charter school is economically soundfor both the public charter school and the school division or relevant schooldivisions, as the case may be; a proposed budget for the term of the charter;and a description of the manner in which an annual audit of the financial andadministrative operations of the public charter school, including anyservices provided by the school division or relevant school divisions, as thecase may be, is to be conducted.

8. A plan for the displacement of pupils, teachers, and other employees whowill not attend or be employed in the public charter school, in instances ofthe conversion of an existing public school to a public charter school, andfor the placement of public charter school pupils, teachers, and employeesupon termination or revocation of the charter.

9. A description of the management and operation of the public charterschool, including the nature and extent of parental, professional educator,and community involvement in the management and operation of the publiccharter school.

10. An explanation of the relationship that will exist between the proposedpublic charter school and its employees, including evidence that the termsand conditions of employment have been addressed with affected employees.

11. An agreement between the parties regarding their respective legalliability and applicable insurance coverage.

12. A description of how the public charter school plans to meet thetransportation needs of its pupils.

13. Assurances that the public charter school (i) is nonreligious in itsprograms, admission policies, employment practices, and all other operationsand (ii) does not charge tuition.

14. In the case of a residential charter school for at-risk students, adescription of (i) the residential program, facilities, and staffing; (ii)any parental education and after-care initiatives; (iii) the funding sourcesfor the residential and other services provided; and (iv) any counseling orother social services to be provided and their coordination with any currentstate or local initiatives.

15. (Effective until July 1, 2009) Disclosure of any ownership or financialinterest in the public charter school, by the charter applicant and thegoverning body, administrators, and other personnel of the proposed publiccharter school, and a requirement that the successful applicant and thegoverning body, administrators, and other personnel of the public charterschool shall have a continuing duty to disclose such interests during theterm of any charter.

C. (Effective until July 1, 2009) The charter applicant shall include in theproposed agreement the results of any Board of Education review of the publiccharter school application that may have been conducted as provided insubsection C of 22.1-212.9.

(1998, cc. 748, 890; 2000, cc. 631, 712, 1028; 2002, cc. 851, 874; 2004, c.530; 2005, c. 928.)