§ 2].
(a) An approved charter school application, together with such conditions imposed pursuant to subsection (l) of this section, shall be
the basis for a charter granted to the charter school by the approving authority pursuant to this chapter and shall be governed by the terms
of this chapter. Upon approval of a charter school application, the Department of Education shall present applicants seeking a charter
from the state with a charter contract ("Charter Contract") that clearly defines the respective roles, powers, and responsibilities of the
school and the approving authority and incorporates the provisions of the performance agreement entered into between the charter school
and its approving authority pursuant to 14 DE Admin. Code 275. Other approving authorities may choose to present applications they
approve with such a Charter Contract. Where a Charter Contract is utilized, both the school and the approving authority shall execute the
Charter Contract. Notwithstanding anything in this chapter to the contrary, the initial term of a newly approved charter shall expire at the
end of the fifth fiscal year following the fiscal year in which the charter was initially approved, and any subsequent charter renewal term
shall expire at the end of each successive fifth fiscal year thereafter unless extended pursuant to § 514A(b) of this title. If an approved
charter is modified to delay the initial opening of the school, then the expiration date of the initial term of the charter shall be adjusted
accordingly, to ensure that the charter has 4 years of instructional operation prior to its charter expiration.
(b) (1) Charters shall be modified by the same procedure and based on the same criteria as they are approved. When the approving
authority is the Department of Education, minor modifications to a charter that are requested by the charter school only may be approved
by the Secretary, subject to rules and regulations established by the Department with the approval of the State Board. Modifications
associated with the provision of student transportation services as a result of changes to the Annual Appropriations Act to § 508 of this
title shall be considered a minor modification.
(2) A request for modification to increase a charter school's total authorized enrollment by more than 15% shall be considered a
major modification, regardless of whether the additional students will attend school at the current location or at a separate location.
(3) In addition to meeting the approval criteria established in § 512 of this title, an authorizer considering an application for a new
charter school or for a modification as described in paragraph (b)(2) of this section in which the increased enrollment will occur less
than 18 months from the date of application (an "expansion"), shall also consider the potential positive and negative impact of the
proposed new school or expansion on the schools and the community from which the charter school's new students will likely be
drawn. In reviewing the impact, the authorizer shall consider all information furnished to it during the application process and may
exercise its reasonable discretion in determining whether the proposed new school or expansion is contrary to the best interests of the
community to be served, including both those students likely to attend the charter school and those students likely to attend traditional
public schools in the community.
(4) Information regarding impact, as defined by regulations established by the Department with the approval of the State Board no
later than October 31, 2014, shall be considered in conjunction with the factors in § 512 of this title but shall not alone provide the
basis for disapproval of an application for a new charter application or an expansion. The information regarding impact may, however,
be among the bases for disapproval of an application or expansion if at least 1 criteria in § 512 of this title is also deemed not satisfied
by the authorizer. The information regarding impact may, by itself or in combination with other factors, form the basis for conditions
being placed on the approval. Those conditions may include but shall not be limited to restrictions or prohibitions on geographic
location, programmatic offerings, academic focus or emphasis, and grade levels served. In no event shall the placement of conditions
on approval, based solely or in part on considerations of impact, be considered disapproval of an application.
(c) Charter school applications shall be submitted to a local school board or the Department for approval as an approving authority.
Whenever a charter school seeks a charter from the Department as approving authority, such approval shall require the assent of both the
Secretary and the State Board, as shall any action pursuant to §§ 515 and 516 of this title. The approving authority shall be responsible
for approval of the charter school pursuant to this section and for continuing oversight of each charter school it approves. In addition, for
a charter school applicant seeking to locate in the City of Wilmington, prior to the approving authority authorizing the school to open,
the Mayor and the City Council of the City of Wilmington may review and provide comment regarding the likely impact of the proposed
charter school on students in the City of Wilmington as outlined in this chapter and further defined in regulations.
(d) The Department shall make an initial review of all new charter school and charter school modification applications it receives in
order to assess the completeness and quality of each such application based on the application submission criteria established in this title.
Upon a finding that an application does not warrant a full review, the Department shall notify the applicant in writing of the deficiency or
deficiencies and the application shall receive no further consideration. Each district that is asked by an applicant to serve as an approving
authority may, in its discretion, undertake such an initial sufficiency review and make such an initial sufficiency determination.
(e) Applicants seeking a charter from the Department that have submitted an application deemed by the Department sufficient to receive
a full review shall be offered an opportunity for an interview in support of the application. Such interviews will allow the Department to
assess applicant capacity, allow it to clarify information provided in the application, and gather additional information. The information
gained in the interview process may be among the factors considered by the approving authority in approving or denying an application.
(f) Potential charter school applicants may engage in discussions with a potential approving authority before submitting an application
for approval to establish a charter school.
(g) (1) Except as noted in paragraph (g)(2) of this section, new charter school applications shall be submitted to an approving authority
between November 1 and December 31 for schools to be established and prepared to admit students on or after the second August 1
thereafter.
(2) Applications by a highly successful charter school operator as described in subsection (p) of this section shall be submitted to
an approving authority between November 1 and December 31 for schools to be established and prepared to admit students on or after
the August 1 thereafter. The application submission dates in this subsection may be amended by agreement of the authorizer and the
applicant if necessary to allow the applicant to serve students who would otherwise be displaced due to the closure of an existing
charter school.
(3) Applications to renew a charter shall be submitted to the approving authority on or before September 30 of the year immediately
preceding the calendar year in which the school's current charter term will expire.
(4) Charter school applications which propose the conversion of an existing public school, or a part thereof to charter school status
must be submitted to an approving authority on or before October 30 if the application proposes that the newly converted charter school
is to be established and prepared to admit students for the next ensuing school year.
(5) If the date for submitting an application or commencing the school's instructional program shall fall on a weekend or state
holiday, the time for such shall be continued to the first working day thereafter.
(h) Any local school board may limit the number of new charter school applications it will consider in any year or the number of
charters it will grant, but within 20 working days after December 31 must hold a public meeting to decide whether or not to consider it.
A local school board shall not be required to accept any new charter school applications for a charter school unless, by September 1 of
each year the school board shall affirmatively vote to accept such applications.
(i) If an approving authority decides to consider a charter application, the approving authority must rule on whether to approve the
application at a public meeting within 90 working days after December 31.
(j) Within 5 days of deciding to consider an application, the approving authority shall form an accountability committee to review the
charter school application. The accountability committee's report to the local school board shall address the approval criteria set forth in‹ Prev All Delaware sections Next ›
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