Policies and Regulations

School Board of the City of Virginia Beach
Policy 3-95

Business and NonInstructional Operations

Charter Schools

A. Purpose

In order to: (i) stimulate the development of innovative programs; (ii) provide opportunities for innovative instruction and assessment; (iii) provide parents and students with more options within the division; (iv) provide teachers with a vehicle for establishing schools with alternative innovative instruction and school scheduling, management and structure; (v) encourage performance-based educational programs; (vi) establish high standards for both teachers and administrators; and (vii) develop models for replication in other public schools, the Virginia Beach School Board shall receive and consider applications for the establishment of charter schools.

B. Charter Schools Defined

A charter school is a public, nonsectarian, nonreligious, or non-home-based alternative school located within the Virginia Beach school division. A charter school may be created as a new public school or by converting all or part of an existing public school; however, no charter school shall be established through the conversion of a private school or a nonpublic home-based educational program.

All charter schools shall be subject to federal and state laws and regulations and constitutional provisions prohibiting discrimination in admissions, employment or operation on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or the need for special education services.

Enrollment in a charter school shall be open to all students who reside in the school division. If adequate space is not available to accommodate all students, a waiting list, prioritized through a lottery process, shall be established and parents shall be informed of their student’s position on the list.

C. Charter School Restrictions

The School Board and Virginia Beach City Public Schools may grant charters not exceeding ten percent of the division’s total number of schools.

Priority shall be given to charter school applications designed to increase the educational opportunities of at-risk pupils. One-half of the charter schools in the division are to be reserved for schools designed to increase the educational opportunities for “at-risk pupils”.

For purposes of this policy, an “at-risk pupil” is a student having a physical, emotional, intellectual, socioeconomic, or cultural risk factor, as defined in Board of Education criteria, which research indicates may negatively influence educational success.

D. Application

Any person, group or organization may submit an application for the formation of a charter school. The applicant must submit a completed application package together with a $700.00 application fee. The School Administration shall compute the actual cost to the division for legal counsel and staff time spent processing the charter application, charter contract, and requests for release/waiver from School Board Policies and Regulations and Virginia Board of Education Regulations. The costs shall include, at minimum, salary and fringe benefits for legal counsel and staff. At the conclusion of the process, whether the charter be granted or denied, the Administration shall remit to the applicant any portion of the $700 application fee exceeding staff and legal counsel costs to process the application, charter contract, and request for release/waiver from School Board Policies and Virginia Board of Education Regulations.

As part of the charter school application process, the applicant must provide, at a minimum:

The name, address, phone number and qualifications of the applicant(s) and a designated contact person. Additionally, each individual who signs the application or, if the applicant is a group, each member of the group or organization’s governing body shall provide a complete professional history and shall provide a completed Federal Bureau of Investigation background check, a Virginia State Police criminal check, a Child Protective Services background check and a credit check.
The mission statement of the charter school which is consistent with the principles of the Standards of Quality.
The goals and educational objectives to be achieved by the charter school, which educational objectives must meet or exceed the Standards of Learning.
Tangible evidence that an adequate number of parents, teachers, students, or any combination thereof, support the formation of a charter school.
A statement of need for a charter school in a school division or in a geographic area within a school division.
A description of the student population the charter school intends to serve.
A description of the charter school's educational program, pupil performance standards, and curriculum, which must meet or exceed any applicable Standards of Quality, and by reference the Standards of Accreditation and the Standards of Learning; the assessments to be used to measure pupil progress toward achievement of the school's pupil performance standards; the timeline for achievement of such standards; and the procedures for taking corrective action in the event that pupil performance at the charter school falls below such standards. The description shall also include a method for determining that a student has satisfied the requirements for graduation and a method for the transfer of credits between schools in the division.
A description of the lottery process to be used to determine enrollment if there are more applicants than spaces available in the charter school. A lottery process shall also be developed for the establishment of a waiting list for students for whom space is unavailable. Additionally, if appropriate, the information should describe a tailored admission policy that meets the specific mission or focus of the charter school and that is consistent with all federal and state laws and regulations and constitutional provisions prohibiting discrimination applicable to public schools.
Evidence that the plan for the charter school is economically sound for both the charter school and the school division; a proposed budget, including detailed sources of revenue and expenditures, for the term of the charter; and a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school division, is to be conducted.
A plan for the displacement of pupils, teachers, and other employees who previously attended or were employed in the facility converted to a charter school and who will not attend or be employed in the charter school and a plan for the placement of charter school pupils, teachers, and employees upon charter termination, revocation of the charter, dissolution of the school or dislocation from the school site for any reason.
A description of the management and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the management and operation of the charter school, including school, including an explanation of how the charter school will be accountable to the School Board, parents, the community and the State.
An explanation of the relationship that will exist between the proposed charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees. The charter school shall also provide an explanation of the procedure and guidelines for hiring all personnel not transferring to the charter school from the division. This shall include an explanation of the process by which all statutory mandates regarding the hiring of public school employees shall be met.
An agreement between the parties regarding legal liability and applicable insurance coverage.
A description of how the charter school plans to meet the transportation needs of its pupils.
Assurances that the charter school (i) is nonsectarian in its programs, admission policies, employment practices, and all other operations and (ii) does not charge tuition.
A description of the facility to be used for the school or the plan for acquisition of a site. If the facility is a school division facility, any plans for alteration or renovation must be provided. If the facility is not property of the school division, the applicant must provide (a) a certificate of occupancy; (b) a health inspection certificate; (c) annual fire inspection certificate; (d) proof of compliance with federal, state and local health and safety laws and regulations; and (e) a copy of the lease or contract under which the charter schools will use the facility.
A description of the procedures the charter school will implement to ensure the health and safety of the students and employees.
Assurances, including a copy of all insurance policies naming the School Board and the Virginia Beach City Public Schools as an additional insured, that the School Board and Virginia Beach City Public Schools will be defended, held harmless and indemnified against any claim, action, loss, damage, injury, liability, cost or expense of any kind as a result of the charter school or actions by its agents, employees, invitees or contractors.

E. Application Review

The Superintendent shall designate a review team consisting of appropriate school division personnel, and at-least two members of the general public, one of whom has publicly supported the charter schools concept to evaluate charter school applications. The Superintendent shall designate a member of the review team to act as the division contact for questions about the charter school application process and for the acceptance of charter schools applications.

The review team shall work cooperatively with applicants and prospective applicants to provide information and respond to questions through the division contact. All questions from applicants prior to the actual submission of an application must be submitted to the division contact in writing and responses from the division will be given in writing. Once an application has been submitted, each applicant will be provided with the opportunity to resubmit an application or to submit information required to complete an application. If an applicant neither submits requested information nor resubmits an application within thirty (30) days of a request from the division contact, the application may be denied.

The Superintendent shall develop a process for receiving and reviewing applications for charter schools which shall be set forth in regulation. This regulation shall include a timeline for the application and review process and a means for reviewing and evaluating each application, including the criteria on which the decision to either recommend an application for contract negotiations or to deny an application for a charter school will be based.

The review team shall be responsible for: (1) recommending to the Superintendent the criteria for reviewing charter school applications; (2) evaluating all charter school applications based upon the criteria set forth in regulation; (3) recommending that the School Board either reject an application or enter into contract negotiations with an applicant; (4) monitoring charter school progress; and (5) making recommendations regarding the revocation, non-renewal or renewal, including renewal term, of charter contracts.

F. School Board Decision

The School Board shall hold a hearing for the purpose of taking public comments on the recommendations of the review team before the Board makes a decision to either reject an application or to move forward with contract negotiations. At such hearing the applicant shall be permitted adequate time to present its charter school concept to the School Board, to respond to any questions or concerns of the review team and to answer any questions posed by members of the School Board. Written notice of the School Board decision shall be sent to each applicant, and if the application is rejected the notice shall specify the reasons for such rejection. The decision of the School Board on whether to reject an application or to move forward with contract negotiations with an applicant shall be final.

G. Charter Contract

Once the School Board accepts the recommendation of the review team to move forward with contract negotiations, the charter school applicant and the review team, with the assistance of legal counsel, shall negotiate a contract which contains all agreements between the School Board and the charter school. Such contract shall become part of the charter school application which will then be either approved or disapproved by the School Board.

Upon approval of an application which includes the charter contract by the School Board, a charter shall be granted for a three year term.

Any material revisions of the charter contract shall be made in writing and must be approved in writing by the School Board and the charter school management committee.

H. Release from Policies and Regulations

A charter school may operate free from School Board Policies and Division Regulations and state regulations to the extent specifically waived in the charter contract, except that the Standards of Quality prescribed in Virginia Code § 22.1-253.13:1 et seq., and by reference the Standards of Learning and the Standards of Accreditation, may not be waived. All Virginia Beach School Board Policies and Division Regulations apply to each charter school unless there has been a specific waiver agreed to in the charter contract. Additionally, new and revised School Board Policies and Division Regulations apply to all charter schools unless a waiver is requested by the charter school management committee within sixty days of the passage of such policy or regulation and the waiver is approved in writing by the School Board.

The School Board, on behalf of each charter school, shall request from the Virginia Board of Education waivers from those state regulations agreed to in the charter school contract. If the charter school is designed to increase the educational opportunities for at-risk pupils, the School Board shall request that the Board of Education approve an Individual School Accreditation Plan pursuant to 8 VAC 20-131-280 C, as amended, of the Virginia Administrative Code.

I. Management and Operation

A charter school shall be administered and operated by a management committee in the manner agreed to in the charter contract. The management committee shall be composed of parents of students enrolled in the school, teachers, and administrators working in the charter school and representatives of any community sponsors or as agreed to by the School Board and the charter school applicant.

A charter school shall be responsible for its own operations, including, but not limited to, budget preparation, contracts for services, and personnel matters as specified in the charter contract. The charter school shall have no authority to enter into contracts or agreements on behalf of the School Board of the City of Virginia Beach absent the express written approval of the Division Superintendent. All contracts entered by the charter school shall prominently state that the contract is not binding upon the School Board of the City of Virginia Beach unless it is signed by the Division Superintendent or a Deputy Superintendent or director to whom the Superintendent has delegated authority in writing. A charter school may negotiate and contract with the school division or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity or undertaking which the charter school is required to perform in order to carry out the educational program set forth in the charter contract. Services provided by the school division to the charter school shall be provided at cost to the school division. The total cost for such services will be based upon the actual costs for the previous year.

J. Personnel

Charter school personnel shall be employees of the School Board and the Virginia Beach City Public Schools and shall be selected and/or hired as agreed in the charter contract. Professional, licensed employees currently employed by the School Board and the Virginia Beach City Public Schools may volunteer for assignment to a charter school and may be assigned by the School Board to a charter school for one contract year and reassigned annually upon the request of the employee and management committee. Professional, licensed employees assigned to a charter school shall receive the same employment benefits as such personnel assigned to a noncharter schools. Professional, licensed personnel who request assignment to a noncharter school or who are not recommended for reassignment in the charter school, other than for reasons cited in §22.1-307, as amended, of the Code of Virginia, shall be transferred to a noncharter school according to School Board Policy.

The School Board has the final authority to assign professional, licensed personnel to a charter school or other schools within the division as provided in Virginia Code §§ 22.1-293 and 22.1-295, as amended.

K. Funding

Charter schools shall be funded as provided by law and negotiated in the charter contract. Notwithstanding any other provision of law, the proportionate share of state and federal resources allocated for students with disabilities and school personnel assigned to special education programs shall be directed to the charter school enrolling such students. The proportionate share of moneys allocated under other federal or state categorical aid programs shall be directed to the charter school serving students eligible for such aid.

The management committee of a charter school may accept gifts, donations, or grants of any kind made to the charter school and may spend such funds in accordance with the conditions prescribed by the donor. However, no gift, donation, or grant shall be accepted by the management committee of a charter school if the conditions for such funds are contrary to law or the charter contract.

L. Fiscal Management

Each charter school will be required to utilize a Chart of Accounts designated by the school division. Financial information and reporting will be required to conform to Generally Accepted Accounting Procedures and Governmental Accounting and Financial Reporting Standards.

Each charter school will be required to provide a monthly financial statement in the format designated by the school division's Chief Financial Officer or the Director of Business Services. Monthly financial information shall be provided no later than the 20th for the following month. The monthly financial information will consist of the following:

Bank reconciliation for all accounts;
Federal and state payroll reports;
Any required state filings for sales tax or other required reports;
Listing of all checks written during the month;
Listing of all payables and receivables at the end of the month;
Monthly and year‑to‑date expenditure reports;
Monthly and year‑to‑date revenue reports;
Monthly and year‑to‑date attendance and projected March 31 ADM;
Balance sheet;
Position control information comparing budgeted positions to allocated and staffed positions; and
Other reports as may be requested from time to time by the School Board, the Chief Financial Officer or the Director of Business Services.

Each charter school will be required to provide a proposed Annual Operating Budget to the Department of Budget and Finance prior to the submission of the Superintendent’s Proposed Operating Budget. The budget shall be in the form and manner prescribed by the Department of Budget and Finance and shall be submitted no later than December 1 for the ensuing fiscal year.

Each charter school will be required to provide the school division with an audited financial statement prepared by a Certified Public Accountant acceptable to the School Board for each year of operation. The audited financial statement shall be provided no later than September 30 for the preceding fiscal year.

M. Charter School Reporting Requirements

Charter schools are required to report to the School Board with the same frequency and in same format as other division schools on fiscal matters, student progress and any other student issues.

Charter schools shall annually present a state of the school report to the School Board at its last meeting in June. This report will contain the information and be in the format agreed to by the Departments of Research, Evaluation, and Assessment and Technology on or before July 1 for the ensuing school year.

N. Charter School Contract Renewal

A charter school contract may be renewed for up to three years at the discretion of the School Board. The management committee must apply to renew a charter by October 1 of the school year in which the charter expires.

A charter school renewal application shall contain, but shall not be limited to:

A report on the progress of the charter school in achieving the goals, objectives, program and performance standards for students and any other terms and conditions agreed to in the charter contract;
A financial statement, on forms prescribed by the Virginia Board of Education, that discloses the costs of administration, instruction, and other spending categories for the charter school and that has been concisely and clearly written to enable the School Board and the public to compare such costs to those of other schools or comparable organizations;
Any other information required by the School Board in its application for renewal.

If the charter is not renewed or the charter school is dissolved, the management committee is responsible for all financial, contractual, and other obligations of the charter school.

O. Charter Contract Revocation

The School Board may revoke a charter contract if:

The charter school violates the conditions, standards, or procedures established in the charter school application;
The charter school fails to meet or make reasonable progress toward achievement of the content standards identified in the charter contract;
The charter school fails to meet generally accepted standards of fiscal management;
The charter school, through any member of its management committee or through any member of its senior management, violates any provision of law;
The charter school violates a material term of the charter contract; or
The School Board determines that it is not in the public interest or the welfare of the students within the division to continue the operation of the charter school.

If a charter contract is revoked, the management committee shall be responsible for all financial, contractual and other obligations of the charter school.

P. School Board Reporting Requirements

The School Board shall make the following reports to the Virginia Board of Education:

If the School Board grants a charter school application such action shall be reported to the Board of Education. This report shall specify the maximum amount of charters that may be authorized, if any; the number of charters granted; and whether a charter school is designed to increase the educational opportunities of at-risk pupils;
The School Board shall submit an annual evaluation of each charter school to the Virginia Board of Education;
The School Board shall submit an annual report comparing the performance of charter school students and students enrolled in the regular schools of the school division; and
The School Board shall submit a report of the number of students enrolled in each charter school at the end of the school year.

Legal Reference

Code of Va., § 22.1-3, as amended. Persons to whom public schools shall be free.

Code of Va., § 22.1-212.5, as amended, et seq. Establishment of Charter Schools.

Code of Va., § 22.1-307, as amended. Dismissal, etc., of a teacher; grounds.

Code of Va., § 22.1-293, as amended. School boards authorized to employ principals and assistant principals, license required; powers and duties.

Code of Va., § 22.1-295, as amended. Employment of teachers.

Code of Va., § 22.1-253.13, as amended et seq. Standard 1. Basic skills, selected programs and instructional personnel.

Virginia Board of Education Regulations Establishing Standards for Accrediting Public Schools in Virginia, 8 VAC 20-131-10, as amended et seq.

Adopted by School Board:          December 1, 1998
Adopted by School Board:          November 21, 2000
Amended by School Board:        February 5, 2008