Section 37-28-15 - Authorizer to publicize request for proposals for charter school applications; request for proposals to prescribe mandatory elements of charter applications(1) To solicit, encourage and guide the development of quality charter school applications, the authorizer shall issue and publicize a request for proposals before September 1 of each year; however, during 2013, the authorizer shall issue and publicize a request for proposals before December 1. The content and dissemination of the request for proposals must be consistent with the purposes and requirements of this chapter.(2) The authorizer annually shall establish and disseminate a statewide timeline for charter approval or denial decisions.(3) The authorizer's request for proposals must include the following: (a) A clear statement of any preferences the authorizer wishes to grant to applications intended to help underserved students;(b) A description of the performance framework that the authorizer has developed for charter school oversight and evaluation in accordance with Section 37-28-29;(c) The criteria that will guide the authorizer's decision to approve or deny a charter application; and(d) A clear statement of appropriately detailed questions, as well as guidelines, concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful charter school.(4) In addition to all other requirements, the request for proposals must require charter applications to provide or describe thoroughly all of the following mandatory elements of the proposed school plan: (a) An executive summary;(b) The mission and vision of the proposed charter school, including identification of the targeted student population and the community the school hopes to serve;(c) The location or geographic area proposed for the school;(d) The grades to be served each year for the full term of the charter contract;(e) Minimum, planned and maximum enrollment per grade per year for the term of the charter contract;(f) Evidence of need and community support for the proposed charter school;(g) Background information, including proof of United States citizenship, on the applicants, the proposed founding governing board members and, if identified, members of the proposed school leadership and management team. The background information must include annual student achievement data, disaggregated by subgroup, for every school under the current or prior management of each board member and leadership team member;(h) The school's proposed calendar, including the proposed opening and closing dates for the school term, and a sample daily schedule. The school must be kept in session no less than the minimum number of school days established for all public schools in Section 37-13-63;(i) A description of the school's academic program, aligned with state standards;(j) A description of the school's instructional design, including the type of learning environment (such as classroom-based or independent study), class size and structure, curriculum overview and teaching methods;(k) The school's plan for using internal and external assessments to measure and report student progress on the performance framework developed by the authorizer in accordance with Section 37-28-29;(l) The school's plan for identifying and successfully serving students with disabilities (including all of the school's proposed policies pursuant to the Individuals with Disabilities Education Improvement Act of 2004, 20 USCS Section 1400 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USCS Section 794, and Title 11 of the Americans with Disabilities Act, 42 USCS Section 12101 et seq., and the school's procedures for securing and providing evaluations and related services pursuant to federal law), students who are English language learners, students who are academically behind, and gifted students, including, but not limited to, compliance with any applicable laws and regulations;(m) A description of cocurricular or extracurricular programs and how those programs will be funded and delivered;(n) Plans and timelines for student recruitment and enrollment, including lottery policies and procedures that ensure that every student has an equal opportunity to be considered in the lottery and that the lottery is equitable, randomized, transparent and impartial so that students are accepted in a charter school without regard to disability, income level, race, religion or national origin;(o) The school's student discipline policies, including those for special education students;(p) An organizational chart that clearly presents the school's organizational structure, including lines of authority and reporting between the governing board, education service provider, staff, related bodies (such as advisory bodies or parent and teacher councils), and all other external organizations that will play a role in managing the school;(q) A clear description of the roles and responsibilities of the governing board, education service provider, school leadership team, management team and all other entities shown in the organizational chart;(r) A staffing chart for the school's first year, and a staffing plan for the term of the charter;(s) Plans for recruiting and developing school leadership and staff, which may not include utilization of nonimmigrant foreign worker visa programs;(t) The school's leadership and teacher employment policies, including performance evaluation plans;(u) Proposed governing bylaws;(v) Explanations of any partnerships or contractual relationships central to the school's operations or mission;(w) The school's plans for providing transportation, food service and all other significant operational or ancillary services;(x) Opportunities and expectations for parent involvement;(y) A detailed school start-up plan, identifying tasks, timelines and responsible individuals;(z) A description of the school's financial plans and policies, including financial controls and audit requirements;(aa) A description of the insurance coverage the school will obtain;(bb) Start-up and five-year budgets with clearly stated assumptions;(cc) Start-up and first-year cash flow projections with clearly stated assumptions;(dd) A disclosure of all sources of private funding and all funds from foreign sources, including gifts from foreign governments, foreign legal entities and domestic entities affiliated with either foreign governments or foreign legal entities. For the purposes of this paragraph, the term "foreign" means a country or jurisdiction outside of any state or territory of the United States;(ee) Evidence of anticipated fundraising contributions, if claimed in the application; and(ff) A sound facilities plan, including backup or contingency plans if appropriate.(5) In the case of an application to establish a charter school by converting an existing noncharter public school to charter school status, the request for proposals additionally shall require the applicant to demonstrate support for the proposed charter school conversion by a petition signed by a majority of teachers or a majority of parents of students in the existing noncharter public school, or by a majority vote of the local school board or, in the case of schools in districts under state conservatorship, by the State Board of Education.(6) In the case of a proposed charter school that intends to contract with an education service provider for substantial educational services, management services or both types of services, the request for proposals additionally shall require the applicant to: (a) Provide evidence of the education service provider's 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 a term sheet setting forth: the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff and the education service provider; the scope of services and resources to be provided by the education service provider; performance evaluation measures and timelines; the compensation structure, including clear identification of all fees to be paid to the education service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract;(c) Disclose and explain any existing or potential conflicts of interest between the school governing board and proposed service provider or any affiliated business entities; and(d) Background information, including proof of United States citizenship, on the principal individuals affiliated with the education service provider.(7) In the case of a charter school proposal from an applicant that currently operates one or more schools in any state or nation, the request for proposals additionally shall require the applicant to provide evidence of past performance and current capacity for growth. The applicant shall be required to submit clear evidence that it has produced statistically significant gains in student achievement or consistently produced proficiency levels as measured on state achievement tests.Added by Laws, 2013, ch. 497, HB 369, 8, eff. 7/1/2013.