District of Columbia Official Code 2001 Edition.

Division VI. Education, Libraries, and Cultural Institutions.

Title 38. Educational Institutions.

Subtitle IV. Public Education--Charter Schools.

Chapter 18. District of Columbia School Reform (Public Charter Schools).

Subchapter II. Public Charter Schools.

§ 38-1802.02. Contents of petition.

Current through October 23, 2012

A petition under § 38-1802.01 to establish a public charter school shall include the following:

(1) A statement defining the mission and goals of the proposed school and the manner in which the school will conduct any districtwide assessments;

(2) A statement of the need for the proposed school in the geographic area of the school site;

(3) A description of the proposed instructional goals and methods for the proposed school, which shall include, at a minimum:

(A) The area of focus of the proposed school, such as mathematics, science, or the arts, if the school will have such a focus;

(B) The methods that will be used, including classroom technology, to provide students with the knowledge, proficiency, and skills needed:

(i) To become nationally and internationally competitive students and educated individuals in the 21st century; and

(ii) To perform competitively on any districtwide assessments; and

(C) The methods that will be used to improve student self-motivation, classroom instruction, and learning for all students;

(4) A description of the scope and size of the proposed school's program that will enable students to successfully achieve the goals established by the school, including the grade levels to be served by the school and the projected and maximum enrollment of each grade level;

(5) A description of the plan for evaluating student academic achievement at the proposed school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below the expectations of the school;

(6) An operating budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains:

(A) A description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school;

(B) Either:

(i) An identification of the site where the school will be located, including a description of any buildings on the site and any buildings proposed to be constructed on the site; or

(I) An identification of a facility for the school, including a description of the site where the school will be located, any buildings on the site, and any buildings proposed to be constructed on the site; and

(II) Information demonstrating that the eligible applicant has acquired title to, or otherwise secured the use of, the facility; or

(ii) A timetable by which an identification described in subsubparagraph (i)(I) of this subparagraph will be made, and the information described in subsubparagraph (i)(II) of this subparagraph will be submitted, to the eligible chartering authority;

(C) A description of any major contracts planned, with a value equal to or exceeding $10,000, for equipment and services, leases, improvements, purchases of real property, or insurance; and

(D) A timetable for commencing operations as a public charter school;

(7) A description of the proposed rules and policies for governance and operation of the proposed school;

(8) Copies of the proposed articles of incorporation and bylaws of the proposed school, which shall include provisions governing the distribution of the corporation's assets upon dissolution that comply with the requirements of § 38-1802.13a;

(9) The names and addresses of the members of the proposed Board of Trustees and the procedures for selecting trustees;

(10) A description of the student enrollment, admission, suspension, expulsion, and other disciplinary policies and procedures of the proposed school, and the criteria for making decisions in such areas;

(11) A description of the procedures the proposed school plans to follow to ensure the health and safety of students, employees, and guests of the school and to comply with applicable health and safety laws, and all applicable civil rights statutes and regulations of the Federal Government and the District of Columbia;

(12) An explanation of the qualifications that will be required of employees of the proposed school;

(13) An identification, and a description, of the individuals and entities submitting the petition, including their names and addresses, and the names of the organizations or corporations of which such individuals are directors or officers;

(14) A description of how parents, teachers, and other members of the community have been involved in the design and will continue to be involved in the implementation of the proposed school;

(15) A description of how parents and teachers will be provided an orientation and other training to ensure their effective participation in the operation of the public charter school;

(16) An assurance the proposed school will seek, obtain, and maintain accreditation from at least one of the following:

(A) The Middle States Association of Colleges and Schools;

(B) The Association of Independent Maryland Schools;

(D) The Virginia Association of Independent Schools;

(E) American Montessori Internationale;

(F) The American Montessori Society;

(G) The National Academy of Early Childhood Programs; or

(H) Any other accrediting body deemed appropriate by the eligible chartering authority that granted the charter to the school;

(17) Repealed;

(18) An explanation of the relationship that will exist between the public charter school and the school's employees; and

(19) A statement of whether the proposed school elects to be treated as a local educational agency or a District of Columbia public school for purposes of Part B of the Individuals With Disabilities Education Act (20 U.S.C. 1411 et seq.) and § 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and notwithstanding any other provision of law the eligible chartering authority shall not have the authority to approve or disapprove such election.

                
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(Apr. 26, 1996, 110 Stat. 1321 [235], Pub. L. 104-134, § 2202; Sept. 30, 1996, 110 Stat. 3009 [1461], Pub. L. 104-208, § 5205(b); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-552, § 120(c)(2)(A); Mar. 14, 2007, D.C. Law 16- 268, § 4(b), 54 DCR 833.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 31-2853.12.

Effect of Amendments

Section 120 (c)(2)(A) of Public Law 106-522 deleted provisions contained in par. (17) which formerly provided:

"(17) In the case that the proposed school's educational program includes preschool or prekindergarten, an assurance the proposed school will be licensed as a child development center by the District of Columbia Government not later than the first date on which such program commences;".

D.C. Law 16-268, in par. (8), inserted "which shall include provisions governing the distribution of the corporation's assets upon dissolution that comply with the requirements of § 38-1802.13a" following "and bylaws of the proposed school".

Legislative History of Laws

For Law 16-268, see notes following § 38-1701.01.