§302B‑5  Start-up charter schools;
establishment.  (a)  New start-up charter schools may be established
pursuant to this section. 



(b)  Any community, group of teachers, group of
teachers and administrators, or nonprofit organization may submit a letter of
intent to the office to form a charter school, establish an interim local
school board as its governing body, and develop a detailed implementation plan
pursuant to subsection (d).



(c)  The start-up charter school application
process and schedule shall be determined by the panel, and shall provide for
and include the following elements:



(1)  The submission of a letter of intent to operate a
start-up charter school;



(2)  The timely transmittal of the application form
and completion guidelines to the interim local school board;



(3)  The timely submission to the panel of a completed
application;



(4)  The timely review of the application by the panel
for completeness, and notification of the interim local school board if the
application is complete or, if the application is insufficient, a written
statement of the elements of the application that require completion;



(5)  The timely resubmission of the application;



(6)  Upon receipt of a completed application, the
convening of the panel by the panel chairperson to begin review of the
application;



(7)  The timely notification of the applicant of any
revisions the panel requests as necessary for a recommendation of approval;



(8)  Following the submission of an application,
issuance of a charter or denial of the application by the panel by majority
vote; provided that if the panel does not approve the application and issue a
charter, provisions requiring the panel to:



(A)  Clearly identify in writing its reasons
for not issuing the charter, which may be used as guidelines for an amended
plan; and



(B)  Allow the interim local school board to
revise its plan in accordance with the panel's guidelines, and resubmit an
amended plan within ten calendar days;



(9)  A provision for a final date on which a decision
must be made, upon receipt of an amended plan; and



(10)  A provision that no start-up charter school may
begin operation before obtaining panel approval of its charter.



(d)  An application to become a start-up
charter school shall include a detailed implementation plan that meets the
requirements of this subsection and section 302B-9.  The plan shall include the
following:



(1)  A description of employee rights and management
issues and a framework for addressing those issues that protects the rights of
employees;



(2)  A plan for identifying, recruiting, and retaining
highly-qualified instructional faculty;



(3)  A plan for identifying, recruiting, and selecting
students that is not exclusive, elitist, or segregationist;



(4)  The curriculum and instructional framework to be
used to achieve student outcomes, including an assessment plan;



(5)  A plan for the assessment of student,
administrative support, and teaching personnel performance that:



(A)  Recognizes the interests of the general
public;



(B)  Incorporates or exceeds the educational
content and performance standards developed by the department for the public
school system;



(C)  Includes a system of faculty and staff
accountability that holds faculty and staff both individually and collectively
accountable for their performance, and that is at least equivalent to the
average system of accountability in public schools throughout the State; and



(D)  Provides for program audits and annual
financial audits;



(6)  A governance structure for the charter school
that incorporates a conflict of interest policy and a plan for periodic
training to carry out the duties of local school board members;



(7)  A financial plan based on the most recent fiscal
year's per-pupil charter school allocation that demonstrates the ability to
meet the financial obligations of one-time, start-up costs and ongoing costs
such as monthly payrolls, faculty recruitment, professional development, and
facilities costs; and



(8)  A facilities plan. [L 2006, c 298, pt of §2; am L
2007, c 115, §9]