PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: RCW 28A.710.110 requires the state board of education (SBE) to establish a statewide formula for a charter authorizer oversight fee, calculated as a percentage of the state operating funding allocated to each charter school under the jurisdiction of the authorizer. RCW 28A.710.140(1) requires the SBE to establish an annual statewide timeline for charter application submission and approval or denial, which must be followed by all authorizers. The timeline includes the annual date by which each authorizer must issue and publicize requests for proposals for charter applications under RCW 28A.710.130, and the last date by which each authorizer must submit a report of an action to approve or deny a charter application to the applicant and the SBE. RCW 28A.710.150(3) requires the SBE to implement a lottery process for certification and implementation of approved charters when the number exceeds the annual allowable limits established [in] subsection (1) of this section.
Statutory Authority for Adoption: Chapter 28A.710 RCW, Charter schools.
Adopted under notice filed as WSR 13-18-085 [13-08-085] on April 3, 2013.
Changes Other than Editing from Proposed to Adopted Version: In proposed WAC 180-19-080(1), add requirement that an applicant must submit a nonbinding notice of intent to be approved as a charter school not less than thirty days before the last date for submission of an application to an authorizer.
In proposed WAC 180-19-080(2), change "January 22" to "February 24."
In proposed WAC 180-19 [180-19-080](3), change "February 1" to "March 6."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 9, 2013.
Ben Rarick
Executive Director
OTS-5373.2
CHARTER SCHOOLS
(2) The board shall periodically review the adequacy and efficiency of the authorizer oversight fee for the purpose of determining whether the formula should be adjusted in order to ensure fulfilling the purposes of chapter 28A.710 RCW. In conducting the review, the board shall utilize the information on authorizers' operating costs and expenses included in the annual report submitted to the board by each authorizer as set forth in RCW 28A.710.100(4).
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(a) Submit a nonbinding notice of intent to be approved as a proposed charter school not less than thirty days before the last date for submission of an application to an authorizer as provided in this section. An applicant may not file a charter school application in a calendar year unless it has filed timely notice of intent as provided herein; and
(b) Submit an application for a proposed charter school to an authorizer by no later than July 15th of the year in which the applicant seeks approval. Provided, however, that an applicant seeking approval to operate a charter school in 2014 must submit an application to an authorizer by no later than November 22, 2013.
(2) An authorizer receiving an application for a proposed charter school must either approve or deny the proposal by no later than October 15th of the year in which the application is received; Provided, however, that for applications received in 2013, the authorizer must approve or deny the proposal by no later than February 24, 2014.
(3) The authorizer must provide the state board of education with a written report of the approval or denial of an applicant's proposal for a charter school within ten days of such action, but no later than October 25th, whichever is sooner. Provided, however, that for proposals for charter schools received in 2013, the report must be received within ten days of the action, but no later than March 6, 2014, whichever is sooner. The notice must comply with the requirements set forth in RCW 28A.710.150(2). The report shall be sent to the board via electronic mail to sbe@k-12.wa.us.
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(2) If the board receives notification of charter approvals under this section on the same day, and the total number of approvals exceeds the limits in RCW 28A.710.150(1), the board will select approved charters for certification through a lottery process as follows:
(a) The board shall notify the authorizer that the approved charter school has not been certified by the board for operation and must be selected for certification through a lottery.
(b) Within thirty days after determining that the limit for charter schools has been exceeded, the board shall conduct a lottery, as required by RCW 28A.710.150(3), at a publicly noticed meeting to select and certify approved charters for implementation. The board shall randomly draw the names of charter schools from the available pool of approved charter schools that have not been certified until the maximum allowable total number of charter schools has been selected.
(i) A charter school shall be certified by the board for operation commencing in the following school year so long as the total number of charter schools that may be established in any single year under RCW 28A.710.150 is not exceeded.
(ii) Once the total number of charter schools that may be established in any single year under RCW 28A.710.150 is exceeded, the board shall certify a charter school for operation in a subsequent year based upon the charter's selection in the lottery.
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(2) If a specific due date is established under this chapter, and that date falls on a Saturday, Sunday, or official state holiday, such period is automatically extended to the end of the next business day.
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