KRS 160.1593: Application to establish public charter school -- Submission to authorizer

and state board -- Required application information.

(1) An application to establish a public charter school may be submitted to a public

charter school authorizer by teachers, parents, school administrators, community

residents, public organizations, nonprofit organizations, or a combination thereof.

(2) An applicant shall submit an application for approval of a public charter school to

an authorizer and shall also s ubmit a written notification of the application

simultaneously to the state board as a record of the filing. Charter authorizers shall

accept and document the date and time of receipt of all charter applications.

(3) The information provided in the application shall be consistent with this section and

shall include:

(a) A mission statement and a vision statement for the public charter school,

including the targeted student population and the community the school hopes

to serve, and shall outline how the public charter school will establish resident

and nonresident enrollment policies which shall be subject to the same

limitations as a school district;

(b) A description of the school's proposed academic program that is aligned with

state standards, and that implements one (1) or more of the purposes described

in KRS 160.1591, and the instructional methods that will support the

implementation and success of the program;

(c) 1. The student achievement goals for the public charter school's

educational program a nd the chosen methods of evaluating whether

students have attained the skills and knowledge specified for those

goals; and

2. An explanation of how the school's proposed educational program is

likely to improve the achievement of traditionally underperform ing

students, serve the needs of students with individualized education

programs, or provide students with career readiness education

opportunities;

(d) The school's plan for using external, internal, and state -required assessments

to measure student progr ess on the performance framework as identified in

KRS 160.1596, and how the school will use data to drive instruction and

continued school improvement;

(e) The proposed governance structure of the school, including a list of members

of the initial board of directors, a draft of bylaws that include the description

of the qualifications, terms, and methods of appointment or election of

directors, and the organizational structure of the school that clearly presents

lines of authority and reporting between the board of directors, school

administrators, staff, any related bodies such as advisory bodies or parent and

teacher councils, and any external organizations that will play a role in

managing the school;

(f) 1. Plans and timelines for student recruitment and enrollment, including

policies and procedures for conducting transparent and random

admission lotteries that are open to the public, and that are consistent

with KRS 160.1591 and 160.1592;

2. An application shall demonstrate a plan to recruit at least one hundred

(100) students, unless the application is focused on serving special needs

or at-risk students or students seeking career readiness education; and

3. If the application is for a public charter school located in a district with

total student enrollment of seven thousand five hundred (7,500) or less,

then the application shall include a memorandum of understanding with

the district of location endorsing t he application. However, if the

application is for an urban academy located within a county where the

total enrollment of all independent school districts is greater than seven

thousand five hundred (7,500), then this subparagraph shall not apply;

(g) A proposed five (5) year budget, including the start -up year and projections

for four (4) additional years with clearly stated assumptions;

(h) Draft fiscal and internal control policies for the public charter school;

(i) Requirements and procedures for progr ammatic audits and assessments at

least once annually, with audits and assessments being comparable in scope to

those required of noncharter public schools;

(j) A draft handbook that outlines the personnel policies of the public charter

school, including t he criteria to be used in the hiring of qualified teachers,

school administrators, and other school employees, a description of staff

responsibilities, and the school's plan to evaluate personnel on an annual

basis;

(k) A draft of the policies and procedu res by which students may be disciplined,

including students with disabilities, which shall be consistent with the

requirements of due process and with state and federal laws and regulations

governing the placement of students with disabilities;

(l) A desc ription of the facilities to be used by the public charter school,

including the location of the school, if known, and how the facility supports

the implementation of the school's academic program. If the facilities to be

used by the proposed school are no t known at the time the application is

submitted, the applicant shall notify the authorizer within ten (10) business

days of acquiring facilities for the school. The school shall obtain certification

of occupancy for the facilities at least thirty (30) day s prior to the first student

instructional day;

(m) The proposed ages and grade levels to be served by the public charter school,

including the planned, minimum, and maximum enrollment per grade per

year;

(n) The school calendar and school day schedule, wh ich shall total at least the

equivalent to the student instructional year specified in KRS 158.070;

(o) Types and amounts of insurance coverage to be obtained by the public charter

school, which shall include adequate insurance for liability, property loss , and

the personal injury of students comparable to other schools within the local

school district operated by the local school board;

(p) A description of the health and food services to be provided to students

attending the school;

(q) Procedures to be f ollowed in the case of the closure or dissolution of the

public charter school, including provisions for the transfer of students and

student records to the district of location or to another charter school located

within the local school district and an a ssurance and agreement to payment of

net assets or equity, after payment of debts as specified in KRS 160.1598;

(r) A code of ethics for the school setting forth the standards of conduct expected

of its board of directors, officers, and employees;

(s) Plans for recruiting and developing staff;

(t) A staffing chart for the school's first year and a staffing chart for the term of

the charter;

(u) A plan for parental and community involvement in the school, including the

role of parents in the administration and governance of the school;

(v) The public charter school's plan for identifying and successfully serving

students with disabilities, students who are English language learners,

bilingual students, and students who are academically behind and gifted,

including but not limited to the school's plan for compliance with all

applicable federal and state laws and regulations;

(w) A description of cocurricular and extracurricular programs and how they will

be funded and delivered;

(x) The process by which the school will resolve any disputes with the authorizer;

and

(y) A detailed start-up plan, including financing, tasks, timelines, and individuals

responsible for carrying out the plan.

(4) If the public charter school applicant intends to contract with an educa tion service

provider for educational program implementation or comprehensive management,

the application shall additionally require the applicant to:

(a) Provide evidence of success in serving student populations similar to the

targeted population, including demonstrated academic achievement as well as

successful management of nonacademic school functions, if applicable;

(b) Provide student performance data and financial audit reports for all current

and past public charter schools;

(c) Provide documentation of and explanation for any actions taken against any of

its public charter schools for academic, financial, or ethical concerns;

(d) Provide evidence of current capacity for growth;

(e) Provide a term sheet setting forth:

1. The proposed duration of the service contract;

2. The annual proposed fees to be paid to the education service provider;

3. The roles and responsibilities of the board of directors, the school staff,

and the education service provider;

4. The scope of services and resources to be provided by the education

service provider;

5. Performance evaluation measures and timelines;

6. Compensation structure, including clear identification of all fees to be

paid to the education service provider;

7. Methods of contract oversight and enforcement;

8. Investment disclosure; and

9. Conditions for renewal and termination of the contract; and

(f) Disclose and explain any existing or potential conflicts of interest between the

board of directors and the propo sed education service provider or any

affiliated business entities.