[nfbmi-talk] Fw: Agenda for the BSBP Commission for Blind Personsmeeting July 18, 2013
joe harcz Comcast
joeharcz at comcast.net
Wed Jul 17 12:43:35 UTC 2013
Can BSBP start a charter school for the blind under this law:
(Short answer is NO!"
JOe
Rev. January 2012
Michigan Charter Schools -Questions and Answers
GENERAL
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1
STARTING A CHARTER SCHOOL
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3
WORKING WITH AN AUTHORIZER
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4
EDUCATIONAL PROGRAM/SUPPORT SERVICES
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ENROLLMENT
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6
FACILITIES
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7
FINANCE
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8
PROBLEMS/CONCERNS
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10
START-UP FUNDING
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11
STAFFING
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12
AUTHORIZERS
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13
SERVICE PROVIDERS
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15
CHARTER SCHOOL BOARDS
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16
SPECIAL EDUCATION
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17
GENERAL
1. What is a public school academy (PSA)? Pursuant to the Revised School
Code (RSC), also known as Public Act 451 of 1976 , a PSA is a
state-supported public school under the state constitution, operating under
a charter contract
issued by a public authorizing body [RSC §380.501(1)]. PSAs are also
commonly referred to as
charter schools.
Charter schools may include grades K-12 or any combination of those grades.
They may not
charge tuition and must serve anyone who applies to attend up to enrollment
capacity; that is,
they may not screen out students based on race, religion, gender, or test
scores. Students are
selected randomly for admission if the number of students applying exceeds
the school's
enrollment capacity [RSC §380.504(2)]. Charter teachers must be certified
and "highly qualified"
as defined in the federal Elementary and Secondary Education Act (ESEA)
[§380.505(1)]; charter
school students are assessed annually as part of the Michigan Education
Assessment Program
(MEAP), and charter schools are required to administer other state mandated
assessments such
as the Michigan Merit Exam (MME) and the English Language Proficiency
Assessment (ELPA).
Charter schools cannot be religiously affiliated [RSC §380.502(1)].
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2. What laws govern the establishment and operation of a Michigan charter
school? Part 6A of Michigan's Revised School Code was adopted to allow for
the establishment of PSAs
in Michigan (MCL 380.501 et seq). Following this change, three additional
sections of law were
added to provide for the establishment of two additional categories of
charter schools:
? Urban High School Academies (UHSAs) chartered under MCL 380.521 - 380.529,
commonly referenced as Part 6C of the Revised School Code. These schools can
only
be authorized by state public universities. ? Schools of Excellence (SOEs)
chartered under MCL 380.551 -380.561, commonly
referred to as Part 6E of the Revised School Code. Schools of Excellence are
established
as either (1) a replication of a high performing school (2) a cyber school
or (3) a
conversion of a 6A school based on criteria that define superior academic
performance. ? Strict Discipline Academies (SDAs) chartered under the
Revised School Code (MCL
380.1311b - 380.1311l). SDAs are established for the purpose of serving
suspended,
expelled or incarcerated young people. In December 2011, the state
legislature passed Public Act 277, which contained numerous
amendments to sections 6A, 6C and 6E. Collectively, PSAs, UHSAs, SOEs and
SDAs are called
charter schools throughout the remainder of this document. While UHSAs and
SDAs are defined
as charter schools under certain sections of Michigan law, these entities
have some unique
statutory features. Individuals and organizations interested in developing
schools in any of
these three categories should review the documents available at
www.michigan.gov/charters,
and then contact the MDE Public School Academies unit at (517) 373-4631 with
specific
questions.
3. Who may apply for a charter? Any parent, teacher, group or entity may
apply for a charter. Please refer to question 6 (below)
for more details.
4. How are charter schools funded? All charter schools are funded through
the State School Aid Act [1979 PA 94, as amended, Article
1 §388.1606(6)(1)]. A charter school receives funding through the per-pupil
base foundation.
By law, this amount may not exceed the per-pupil base foundation received by
the local school
district where the charter school is geographically located [1979 PA 94, as
amended, Article 2
§388.1620(6)].
5. Does a charter school qualify for state and federal grant funds in the
same manner as a local
school district? Yes, a charter school may access state and federal grants
in the same manner as local school
districts. [RSC §380.504a(f)] Various factors apply to the eligibility of
charter schools and school
districts to apply for grants.
2
STARTING A CHARTER SCHOOL
6. What steps are needed to start a charter school? A charter school must be
chartered by the governing board of a public body that is authorized to
issue charter contracts pursuant to Michigan law. In Michigan, an
"authorizing body" means any
of the following, pursuant to RSC §380.501(1):
. State Public University . Community College . K-12 Local Education Agency
(Traditional School District) . Intermediate School District (ISD) . Two or
more of these public agencies exercising power, privilege, or authority
jointly
pursuant to an interlocal agreement However, not all potential authorizers
take advantage of the opportunity to issue charters. The
list of authorizers of current authorizers is located at the MDE PSA unit
website
(www.michigan.gov/charters) at the Directories and Lists link.
This does not preclude charter school developers from requesting
consideration from other
potential authorizers . At this time there is a cap imposed on the number of
charter schools that
state public universities may authorize. This cap expires as of December 31,
2014. There is no
cap imposed on any other type of authorizers, but those authorizers are only
able to issue
charters to schools that will be organized and operated within the their
specific geographic
boundaries [§380.502(2)(d)].
Information regarding "Steps to Starting a Charter School" can be accessed
via the National
Charter School Resource Center website:
http://www.charterschoolcenter.org/priority-area/starting-charter-school/
Interested developers should review and become familiar with all of the
materials on the MDE
PSA website before embarking on the charter school development journey.
(www.michigan.gov/charters)
7. May private schools become charter schools? Private schools may become
charter schools only if they cease operating as a private entity,
obtain a charter from a qualified authorizer, and re-open as a public school
that meets all the
requirements of state law. (Additional information on this can be found
within the 2011
Federal Charter School Program Nonregulatory Guidance located as a link at
the MDE PSA
website.)
3
8. May a charter school be religiously affiliated? No. A charter school must
maintain the separation between church and state. If a charter
school is utilizing a building that has religious symbols present, they must
be removed or
covered [RSC §380.502(1)].
WORKING WITH AN AUTHORIZER
9. Which authorizers are accepting charter applications? To determine which
authorizers are accepting charter applications, begin with an analysis of
where the proposed charter school will be located. There are multiple
eligible authorizers to
work with each development team. The local school district, intermediate
school district, and
community college are able to issue charter school contracts within their
geographic
boundaries.
The cap on the number of state public university-authorized PSAs has been
increased by the
2011 legislation. As of the writing of this document, a total of 300
charters can be issued by
state public universities through December 2012, increasing to a total of
500 through December
2014 and thereafter, there is no cap. In the meantime opportunities also
become available due
to school closures [RSC §380.502(2)(d)] . Bay Mills Community College, which
also has statewide
chartering authority, and is not subject to the cap.
10. How does a developer apply for a charter? Each Michigan authorizer has
its own process, forms, and requirements. However, the Michigan
Council of Charter School Authorizers (MCCSA) has developed a common Phase I
charter
application that can help developers plan for the types of questions they
will be asked. The
form is available at their website (www.mccsa.us) As chartering
opportunities become
available, each authorizer will identify the specific process to be used.
11. What should be contained in a contract issued to organize and administer
a charter school? Please refer to the contract checklist available at the
MDE PSA website under Charter School
Authorizers and Vendors section and/or review RSC §380.503(6).
EDUCATIONAL PROGRAM/SUPPORT SERVICES
12. Are charter schools required to adopt core content standards? Local
education agencies and public school academies are required to adopt a model
core
curriculum per Section 380.1278 of the Revised School Code.
4
13. May a charter school offer a single gender program? A charter school may
offer a single gender class or program in which enrollment is limited to
pupils of a single gender if the charter school enrolls students of both
genders. The charter
school must also make available to pupils a substantially equal
coeducational class or program
and a substantially equal class or program for pupils of the other gender or
both genders. In
addition, participation in the single-gender school, class, or program must
be voluntary. [RSC
§380.475 and 380.1146 ]
Charter schools that opt to pursue a single-gender program are advised to
work very closely
with legal counsel to determine that all aspects of the program are handled
appropriately.
14. May charter schools be granted waivers for rules and regulations?
Waivers may be requested for sections of law or rule where the State
Superintendent of Public
Instruction has legal authority to grant such a waiver. The request will
then go to the Waiver
Review Advisory Committee at the Michigan Department of Education (MDE). If
recommended
for approval, it will go to the State Superintendent of Public Instruction
for approval.
15. Who provides transportation to a charter school? In general, a charter
school is considered a local school district and is responsible for
following
the same legislative guidelines for transporting students as a local
traditional school district,
except that charter schools are not considered districts under 1321, as they
have no resident
students. Therefore a charter school may charge for transportation or
contract with a 3rd party
vendor who charges for this service. For further information on
transportation issues, call (517)
373-6388 to contact the Office of Grants Coordination and School Support.
16. Does a charter school have to use certified teachers? Certification
requirements for charter school teachers are identical to those of local
school
district teachers. Special exceptions are made for a charter school that is
authorized by a state
public university or community college that may wish to use adjunct
professors to teach charter
school students (refer to Section 380.505).
Charter schools that accept Title I funds also are required to adhere to the
"Highly Qualified
Teacher" provisions of the federal ESEA.
17. Are charter schools required to report immunization on their students?
If so, how? Charter schools are required to report immunizations. If the
charter school is new, then it must
report on all students. If the charter school has been open for more than a
year, it must report
only on the newly enrolled pupils. For more information on this topic,
please contact the Office
of Grants Coordination & School Support at (517) 373-1122.
5
18. Do charter schools have to offer instruction in health and sex
education? Charter schools are bound by the same statutory curriculuar
requirements as any traditional
school district. Those regulations are found in various sections of the
Revised School Code and
School State Aid Act.
ENROLLMENT
19. May a charter school be selective in its admissions policy? Except as
prescribed in law, a charter school may not be selective in its enrollment
process. It
may not screen out students based on disability, race, religion, gender,
test scores, etc. It may
predetermine the ages, grades, and number of students it will serve. A
random selection
process must be used if the number of applicants exceeds the school's
enrollment capacity.
20. If a student is enrolled in a charter school during a particular school
year, does the student
have to be part of the random selection if the charter school exceeds its
enrollment number
the following school year? No, a student is automatically granted enrollment
privileges for succeeding school years.
Siblings of admitted students are granted enrollment priority, and children
of school employees
and board members may be offered enrollment priority.
21. If a student voluntarily leaves a charter school, must the student's
resident school district
enroll the student? Yes, with the exception of expulsion due to possession
of weapons, committing arson, or
criminal sexual conduct in a school building or on school grounds, as
outlined in the Revised
School Code, MCL 380.1311. Expulsions should be handled on an individual
basis.
20. If a student voluntarily leaves a local school district, must a charter
school enroll the student? Yes, with a couple of notable exceptions. A
charter school may deny enrollment if has reached
its enrollment capacity for that student's age or grade, or the school's
total enrollment cap as
established by the charter contract. It may also deny enrollment if School
Board policy
stipulates that the school can no longer accept enrollment applications for
the current year.
22. Does a charter school have to enroll a student that has been expelled
from another district? A PSA or UHSA does not have to accept the expelled
student. The school may choose to enroll a
student who was expelled from their resident district only if the student
was not expelled under
the mandatory expulsions sections described below. In the case of SDAs, the
acceptance of
expelled or adjudicated students is central to the school's purpose.
It is important to note that Michigan law does provide for permanent
expulsion under certain
circumstances. Unless the school district operates or participates in an
alternative education
program appropriate for a student expelled pursuant to section 380.1311(2)
and at the school
6
district's discretion admits the student to that program or a "strict
discipline academy," the
student is expelled from all Michigan public schools. The student cannot be
enrolled unless
reinstated pursuant to the provisions discussed below [MCL 380.1311(2)].
A program operated for expelled students must ensure that a student is
physically separated at
all times during the school day from the general pupil population. A student
who has been
suspended or expelled from his or her resident district for any reason may
attend a nonresident
alternative education program without the resident district's approval [MCL
388.1606(6)(h)]. If
the student is not placed in an alternative education program or a "strict
discipline academy,"
the school district may provide or arrange for the intermediate school
district to provide to the
student appropriate instructional services at home. Homebound services are
designed to help
students who are unable to attend school to keep up with their studies [MCL
388.1709].
It is the responsibility of the parent or legal guardian to locate a
suitable alternative education
program and to enroll their child in a program during the expulsion. For
further information
regarding alternative education programs available in your area, contact
your local or
intermediate school district or the Office of Safe Schools at (517)
373-1024.
23. When a student transfers from one school to another, how are his/her
records handled? Michigan law requires that within 14 days after enrolling a
transfer student, the school shall
request the student's record, including any Individualized Educational Plan
(IEP) for a special
education pupil, in writing from the previous school (MCL 380.1135). The
previous school has
up to 30 days to comply. All Michigan schools have been advised that they
should have
procedures in place to facilitate these transfers.
FACILITIES
24. What requirements are in place for charter school facilities? Public Act
277of 2011 amended the Revised School Code to allow a PSA to serve the same
grades at multiple sites provided it presents documentation that it is
operating in compliance
with its contract and is making measurable progress toward meeting its
educational goals, or,
for new schools, can demonstrate that the educational model has resulted in
schools that can
demonstrate measurable progress.
Michigan law requires that any school operating in the state have a valid
Certificate of
Occupancy and make available to the public all health and safety reports
regarding school
facilities. Failure to obtain necessary inspections and obtain this
certificate results in a potential
withholding of State Aid.
Information about the requirements and procedures for obtaining a
Certificate of Occupancy is
maintained at the Bureau of Licensing and Regulatory Affairs (LARA). Please
feel free to call
(517) 241-9302 with specific questions. 7
25. Are resources available to support charter schools with their facilities
costs? Property occupied by a public school academy and used exclusively for
educational purposes is
exempt from some real and personal property taxes.
The Michigan Public Educational Facilities Authority is dedicated to
providing opportunities for
low cost financing and technical assistance for qualified public educational
facilities and public
school academies through its bonding and loan programs. Please feel free to
call (517) 3350994 to learn more.
FINANCE
26. Can a charter school charge tuition? Unlike traditional school
districts, a charter school may not charge tuition. Charter schools are,
by statute, free and open to all Michigan residents.
27. Must all state and federal education dollars be sent directly to the
authorizing body of the
charter school? No. The law requires only that payments under the State
School Aid Act be sent directly to the
authorizing bodies. A charter school may receive federal grant funds
directly from the Michigan
Department of Education by following the same procedures that traditional
school districts are
required to follow.
28. Is a charter school considered a constituent district in intermediate
school districts for
purposes of area vocational/career and technical education millage, and do
charter school
students have access to the programs and services provided with those funds?
Yes, just as with any other traditional school district located in the
intermediate school district.
Services funded through vocational/career and technical education millage
dollars must be
allocated to a charter school on the same proportional basis used for other
constituent districts.
29. Is a charter school eligible for categorical vocational/career and
technical education state aid
payments? Yes. The program must meet necessary guidelines and be approved by
the Office of Career and
Technical Education. Please feel free to call (517) 373-3373 with specific
questions.
30. Where can a charter school get more information about vocational/career
and technical
education program approval? Contact the Office of Career and Technical
Education by reviewing their website, or call (517)
373-3373 with specific questions.
8
31. What are the common responsibilities of charter schools to the Michigan
Department of
Education (MDE) as they relate to financial reporting? . Charter schools are
required to follow a common fiscal year. That year begins July 1 and
ends June 30 of the following calendar year (MCL 380.1133). . Charter
schools are required to follow generally accepted accounting principles for
governmental entities. The Michigan School Accounting Manual addresses many
of
these principles and should be used as a reference. Specific questions
related to school
accounting issues may be directed to the Office of State Aid and School
Finance at (517)
335-0524. . Charter schools are required to follow a uniform chart of
accounts. The chart of
accounts is found in the Michigan School Accounting Manual. Section
380.1281(c) of
the Revised School Code requires the Michigan Department of Education to:
"Prescribe appropriate uniform pupil and finance accounting records for use
in
school districts, public school academies, and intermediate school districts
and
promulgate rules for their adoption."
. Charter schools are to submit an annual comprehensive financial report
into the
Financial Information Database (FID) maintained by the Center for
Educational
Performance and Information (CEPI) using the chart of accounts prescribed in
the
Michigan School Accounting Manual. The report is submitted electronically,
and is filed
with MDE by November 15 of each year. The penalty for noncompliance is the
withholding of state school aid payments. See Section 388.1618(3) and (5) of
the State
School Aid Act. . Charter schools are required to have an independent audit
of their financial accounting
records conducted at least annually by a certified public accountant. The
audit reports
are filed with MDE no later than November 15 of each year. Guidance for the
audit is
given in the Michigan School Auditing Manual. The penalty for noncompliance
is the
withholding of state school aid payments. See Section 388.1618(2) and (5) of
the State
School Aid Act. . All charter school financial audits are subject to
Government Auditing Standards (GAS).
The book describing the standards is available online by visiting
www.gao.gov. . Charter school boards shall adopt a budget prior to the
commencement of the fiscal
year, using the minimum levels of appropriation described in Section IV of
the Michigan
School Accounting Manual. . Charter schools are not to adopt or operate
under a "deficit budget" (State School Aid
Act, MCL 388.1702. MDE closely monitors entities that violate this
statute). . Charter schools should always seek competent legal counsel
before entering into any
binding legal or borrowing agreement. 9
. Charter schools must provide the same transparency information on their
website that
all public schools provide [MCL 388.1618(2) and RSC 503(6)(1)].
PROBLEMS/CONCERNS
32. What is the chain of accountability to be used if a problem is
identified at the academy? The school should have in place a student
handbook that may address the issue. If not, the
protocol for raising issues and concerns is to begin with the teacher, then
the principal, and then
the board of directors over the academy. It is important to give the school
and its leadership an
opportunity to correct the problem first. If the problem or concern
continues after discussing it
at the school level, the next step is to contact the school's authorizer.
33. What question should a parent ask a charter school representative before
choosing to send a
child to that school? All charter schools are different, even if they use
the same curriculum. Visit the school and ask
questions about the school's educational program, leadership (governing
board and
administration), faculty, and policies. Most schools will provide a
Parent/Student Handbook,
which includes general information.
Several online resources for choosing a school are also available, such as
www.school4me.org.
You can obtain recent test score averages for any school (and compare them
to each other and
the state) at www.mischooldata.org..
34. Can a charter school charge for uniforms or badges/emblems to be worn on
clothing? Michigan's State Board of Education has issued the following
position statement on clothing and
uniforms. . It is recommended that any fees be disclosed in a student
handbook and that the
student handbook be made available to every student and parent.
Administrators are
encouraged to distribute the handbooks at the beginning of each school year
and that they
require acknowledgement of the receipt by parents and students.
A. School districts may require fees for clothing and food which are offered
during the
regular school program. B. Swimming suits, gym clothing, gym shoes, football
shoes, baseball shoes, spats, leggings or
special shoes to wear with a band uniform need not be supplied by the school
district.
School districts may make a reasonable charge for the use of any of these
items that it
supplies to its students. Parents, however, may purchase or supply their own
above-
mentioned items that are satisfactory for use. C. If a specific color, style
and manufacturer is required by the school district, then the
school district must supply the item free of charge. D. Special clothing
(not robes or band uniforms) for extracurricular activities such as choir or
band or orchestra need not be supplied or paid for by the school district.
Example: For
choir, a white blouse or shirt, dark trousers or skirt, and black shoes and
stockings. 10
Emblems or badges to be worn on clothing are to be provided by the school
free of charge, if
they are required.
35. Can a charter school charge parents who do not pick up students on time
after school? This is a local issue to be decided by each school. It is
recommended that school boards that
choose to adopt such policies consult their attorneys, ensure adequate
notice and information is
provided to students and parents, perhaps through publication in the
school's student
handbook.
START-UP FUNDING
36. Are there federal charter school dollars to help start an academy? Yes.
There are Planning and Implementation grants available for new academies.
The purpose
of these grants is to:
. broaden and strengthen the pool of charter applicants available to
Michigan
authorizers, and . support those charter applicants that succeed in
obtaining a charter contract and MDE
issued school district code as they launch the schools they planned. To that
end, MDE makes early-stage planning grants available to charter school
developers for
up to 18 months of Program Planning and Design in two stages:
. Stage One: Refinement of an ambitious, innovative academic vision, and
design of a
data-based program evaluation methodology that will demonstrate to the
governance
body whether the vision is succeeding. Up to $35,000 will be released upon
award for
use in completing these deliverables. . Stage Two: Development of a sound,
comprehensive business plan to support the
academic vision and finalization of a full charter application strong enough
to secure a
charter contract from a Michigan authorizer. Up to $75,000 of additional
funds will be
released upon satisfactory completion of Stage One for use in completing
these
deliverables. Implementation funding is available to successful planning
grantees for up to the first two years
of operations of a new charter school for purposes of equipping and
supplying the school;
developing needed materials and systems; and acquiring curriculum materials,
texts, classroom
equipment, and supplies. Implementation grants total $200,000 per year for
up to two years.
Successful planning grantees must submit their narrative, management plan,
budget and other
required information in MEGS+, but do not compete again for implementation
funds.
37. Must applicants compete for each of these planning and implementation
grants? No. Applicants only compete once. However, they do need to apply for
each available grant in
MEGS+.
11
38. Are dissemination grant funds available for public school academies? How
does an academy
qualify? Yes, there are dissemination grants available. All academies that
have been open and serving
students for a minimum of three consecutive school years and have
demonstrated overall
success may apply for this competitive grant. Therefore, if a school is in
its fourth year of
serving students and can demonstrate favorable results, it may apply for
this grant. Please refer
to the MDE PSA Unit website for additional information included in the
2011-2012 application
for dissemination grants.
39. Is the dissemination grant a competitive grant? Yes, the dissemination
grant is a competitive grant. If an applicant is successful competing for
this grant, the applicant may only be awarded a dissemination grant once.
The dissemination
project may be funded for up to two years if approved by MDE.
STAFFING
40. Are employees of an outside company who are providing instructional
services to charter
school students members of the Michigan Public School Employees' Retirement
System
(MPSERS) and local union? Attorney General Opinion No. 6915 (1996) addressed
two issues: whether charter schools are
subject to section 380.1231 of the Revised School Code, requiring the board
of a school district
to "hire and contract with qualified teachers"; and whether employees of an
outside company
who are providing instructional services to charter school students are
members of MPSERS.
Although instruction in charter schools is to be provided by certificated
teachers, pursuant to
this opinion, charter schools may contract with outside companies for the
provision of
instructional services. Teachers who are providing instructional services to
students of a charter
school, who are employed by an outside company rather than by the charter
school, are not
members of MPSERS.
In December 2011, Public Act 277removed the requirement that school
districts authorizing a
PSA must cover PSA staff under that district's current collective bargaining
agreements.
41. How does employment as a teacher in a Michigan charter school affect
that teacher's college
Perkins loan? A teacher who works in a Michigan charter school that is
classified as low-income and non-profit
may be eligible for Perkins Loan forgiveness according to all of the
following requirements:
. The Perkins Loan Forgiveness is processed (money and request for
forgiveness) at the
college level, which is based on the input received from the Michigan
Department of
Treasury. 12
. Students who have a Perkins Loan can request their loan be forgiven if the
school they
work for participates in the National School Lunch, School Breakfast, and/or
Special Milk
Program; and where 30% or more of the enrolled children have been approved
for free
and/or reduced price meals or free milk. . If a teacher works for, and
receives a paycheck from, an educational management
organization that is for-profit, then the teacher's Perkins student loan is
NOT forgiven. . If a teacher works for a charter school and receives a
paycheck from the academy, then
the teacher's Perkins student loan may be forgiven. Text from the above link
states, "To
receive a cancellation, the borrower must be directly employed by the school
system." . All college loan related questions/answers should be confirmed by
the college that
issued the loan. AUTHORIZERS
42. What are the major responsibilities of an authorizing body? Pursuant to
Section 380.502(4): "An authorizing body shall oversee, or shall contract
with an
intermediate school district, community college, or state public university
to oversee, each
public school academy operating under a contract issued by the authorizing
body. The
authorizing body is responsible for overseeing compliance by the board of
directors with the
contract and all applicable law ."1 These oversight duties include:
. Thoroughly reviewing the applicant's educational plan. The plan must
address the
educational needs of the students, curriculum goals and objectives, teaching
methods,
and student assessment.2 . Determining if all fire, safety, and health codes
are met. . Developing a description of the methods to be used to monitor the
charter school's
compliance with applicable law and its performance in meeting its targeted
educational
objectives. Authorizers must implement a corrective plan of action for their
schools that
do not meet those standards. . Ensure charter school boards operate
independently of any educational management
company involved in the operation of the school. . Developing a description
of the process for amending the contract during the term of
the contract. 1"If the state board finds that an authorizing body is not
engaging in appropriate continuing
oversight of 1 or more public school academies operating under a contract
issued by the authorizing body,
the state board shall suspend the power of the authorizing body to issue new
contracts to organize and
operate public school academies. A contract issued by the authorizing body
during the suspension is void.
A contract issued by the authorizing body before the suspension is not
affected by the suspension." [MCL
380.502(5)]
2The Revised School Code states that to the extent applicable, pupils shall
be assessed using at least
a Michigan education assessment program (MEAP) test or an assessment
instrument developed under section
1279 for a state-endorsed high school diploma. [MCL 380.502(3)(e)(ii)]
13
. Setting and enforcing the terms of the authorizing contract, including
adopting a
resolution establishing the method of selection, length of term, and number
of
members of the board of directors of the charter school. Authorizers must
also ensure
the local community is represented on the board and that all board members
are US
citizens. . Within 10 days after issuing a charter school contract, a
charter school contract must be
submitted to the Superintendent of Public Instruction. . A contract with a
charter school may be revoked by the authorizing body if
one or more of the following occurs: ? failure of the charter school to
demonstrate improved academic
achievement for all groups of pupils or meet the educational goals
set forth in the contract ? failure of the charter school to comply with
applicable law ? failure of the charter school to meet generally accepted
public sector accounting principles and demonstrate sound fiscal stewardship
? or other grounds for revocation specified in the contract.
Additional powers granted to authorizing bodies in the Revised School Code,
Section 380.507,
include acting as fiscal agent for the charter school-the state school aid
payment for the
charter school is paid to the authorizing body that is the fiscal agent for
the charter school,
which then forwards the payment, less up to a maximum of 3 percent, to the
charter school.
43. If a school district, intermediate school district, or community college
is interested in
becoming an authorizer, what action steps are needed? No formal MDE filing
or approval is required for an organization to become an authorizer.
Pursuant to MCL 380.502(3), the organization must notify MDE of its actions
and provide copies of
the charter application and contract to the Superintendent of Public
Instruction within ten (10)
days of approval.
It is advisable for an eligible organization considering becoming an
authorizer to carefully weigh all
aspects of this decision. A wide array of resources and insights are
available. Visit
www.michigan.gov/charters to learn more, and call MDE at (517) 373-4631 with
specific questions
after reviewing available online resources.
44. How do authorizers decide which schools to authorize? In deciding
whether to issue a contract for a proposed public school academy, the
authorizing body
is required to consider:
. The resources available for the proposed academy; . The population to be
served by the proposed academy; . The education goals to be achieved by the
proposed academy; . The applicant's track record, if any, in organizing
public school academies; . The graduation rate of a school district in which
the proposed academy is proposed to
be located; . The population of a county in which the proposed public school
academy is proposed to
be located; 14
. The number of schools in the proximity of a proposed location of the
proposed public
school academy that are identified as among the lowest achieving 5% of all
public
schools in the state; . The number of pupils on waiting lists of public
school academies in the proximity of the
proposed location of the Academy. In addition, authorizer decisions related
to contract renewal must include increases in student
academic achievement for all groups of pupils as "the most important" factor
[MCL 380.503(6)(h)].
SERVICE PROVIDERS
45. What does an education service provider (also known as an ESP or
management company) do
for a school? Michigan law permits charter school boards to contract with
service providers/management
companies for various school staffing and support functions, which may
include facility
management, personnel management, payroll and accounting, curriculum
development, and
professional development services for staff and teachers. Roughly four out
of five charter
schools in Michigan have contracted with a service provider.
Each charter school/service provider agreement is unique. Some charter
school boards contract
for only one or two services, such as human resources or accounting, whereas
others choose to
contract for all day-to-day staff functions. The variation in service
provider/management
company arrangements is broad and difficult to quantify. Some service
providers/management
companies work with only one charter school, while others contract with
multiple charter
schools in Michigan and across the country. Some act in only a limited
capacity, while others
offer complete "turn-key" operations. This widely varied approach to charter
school contracting
has allowed for the creation of a diverse service provider/management
company marketplace in
Michigan.
Service providers/management companies are accountable to the non-profit
charter school
boards that hire them. The boards are responsible for setting policy,
directing operational and
academic performance, and ensuring fiscal stability. Regardless of the type
or level of support
for which it is contracted, each service provider/management company
operates at the
direction of the charter school board.
46. How accountable are service providers/management companies in Michigan?
Many aspects of service provider/management company spending are already
reported through
their schools' data submissions to the state. Michigan's Center for
Educational Performance and
Information (CEPI) maintains academic, personnel and financial information
about each of the
service provider-managed schools, just as it does for all other schools.
Charter schools are
required to report salaries of staff who work at the school, even if they
are employed by a 3rd
party. Additionally, service providers/management companies are vendors,
hired and overseen
by the charter school board through a performance agreement, often referred
to as a
management contract. Charter school boards should hold all vendors,
including service
providers/management companies, accountable for the services they provide.
15
CHARTER SCHOOL BOARDS
47. How are charter school board members appointed? Charter school board
members are public officials that have sworn a constitutional oath of office
in Michigan. Each board member undergoes a selection and appointment process
established
by the charter school's authorizer before being named by the authorizer's
governing board.
Boards must have representation from the local community and board members
must be
citizens of the United States.
Some concerns have been raised about whether or not service
providers/management
companies in Michigan are able to name their own governing boards and thus
exercise some
undue level of influence or control over these boards once a school is
established. While
Michigan law permits the developer of a new charter school to name the
members of an initial
governing board, it is up to the authorizer to ensure that those board
members are qualified,
independent voices on behalf of the charter schools they serve.
To ensure procedural consistency across Michigan's authorizing community,
the Michigan
Council of Charter School Authorizers (MCCSA) has adopted standards for this
selection and
appointment process. At minimum, these standards presume written application
for board
appointment, a criminal records check, and a personal interview.
The standards also discuss potential conflict of interest issues and
recommend the use of a
disclosure form to be completed by charter school board members on an annual
basis. These
procedures are designed to ensure board member quality and autonomy and
prevent
inappropriate charter school board member/service provider relationships.
Visit www.mccsa.us
to learn more.
48. Can the board and/or staff of a school be family members, or otherwise
closely related to
members of the board? No. The December 2011 amendment to the Revised School
Code requires the academy board
to prohibit specified family relationships among board members, individuals
who have an
ownership interest in or who are officers or employees of an ESP involved in
the operation of
the academy and employees of the academy. The potential for or existence of
conflicts of
interest among board members are items that are carefully monitored by
Michigan authorizers.
As mentioned, MCCSA oversight and accountability standards recommend the use
of a
disclosure form to be completed by charter school board members on an annual
basis. These
procedures are designed to ensure board member quality and autonomy and
prevent
inappropriate charter school board member/service provider relationships.
Visit www.mccsa.us
to learn more.
16
SPECIAL EDUCATION
49. What options may a charter school use to meet its responsibilities to
provide a free
appropriate public education, as required by state and federal law, to a
student with a
disability?
As provided in Section 380.1751 of the Revised School Code (scroll to the
bottom of the PSA
Unit website for access to the RSC):
The board of a local school district [or charter school] shall provide
special education
programs and services designed to develop the maximum potential of each
handicapped
person in its district on record.for whom an appropriate educational or
training program
can be provided in accordance with the intermediate school district special
education plan,
in either of the following ways or a combination thereof:
. Operate the special education program or service. . Contract with its
intermediate school board, another intermediate school board,
another local school district board, and adjacent school district board in a
bordering
state, the Michigan School for the Blind, the Michigan School for the Deaf,
the
Department of Community Health (DCH), or the Department of Human Services.
The
intermediate school district where the local school district [or charter
school] is located
shall be a party to each contract even if the intermediate school district
does not
participate in the delivery of the program or services. Pursuant to Attorney
General Opinion No. 6915 (1996), charter schools are not required
directly to employ teachers. Instruction at charter schools is to be
provided by
certificated teachers (exception-refer to Section 380.505) however, charter
schools may
contract with outside companies for the provision of instructional services.
Therefore,
"a public school academy is not subject to Section 380.1231 of the Revised
School Code,
which requires the board of a school district to 'hire and contract with
qualified
teachers' and it may contract with an outside company for the provision of
instructional
services by employees of that company."
In addition to the methods listed above, a charter school may contract with
any agency
approved by the State Board of Education for delivery of ancillary or
related professional
education services. .
50. If a charter school chooses to hire staff or contract with a private
agency for "services," is the
charter school entitled to apply for reimbursement under the State School
Aid Act (Section
388.1651a, special education funding) and the intermediate school district
special education
millage? Yes. A charter school is considered to be a local school district
under Section 388.1603(5) of the
State School Aid Act and is considered a local district to be included in
the intermediate school
district plan for special education programs and services. Therefore,
charter schools have the
same right to participate in state school aid and intermediate school
district special education
17
funding as any other local school district, in accordance with the
provisions to the intermediate
school district plan for special education programs and services.
51. If a charter school is entitled to intermediate school district special
education millage funds, is
the charter school held to the same limitations as other local districts,
i.e., cap on student-
staff ratio used for certain categories of programming? Yes. For purposes of
special education services, a charter school is bound to the same
requirements as other local constituent districts served by their respective
intermediate school
districts. To participate, the charter school, just as any other constituent
district, must be
recognized in its respective intermediate school district plan for special
education programs and
services.
52. Is a charter school eligible for Individuals with Disabilities Education
Act funds? Yes. Federal special education funds under the Individuals with
Disabilities Education Act (IDEA)
are granted to the intermediate school districts. These funds are
distributed to constituent local
school districts according to the intermediate school district plan for
special education programs
and services, which must comply with state and federal regulations
controlling use and
distribution of the funds. The intermediate school district plan for special
education programs
and services is developed cooperatively with local constituent school
districts, including charter
schools.
53. If a charter school is eligible for intermediate school district special
education millage and
Individuals with Disabilities Education Act Funds, must a charter school
follow the same
requirements as other local educational agencies for obtaining funds, e.g.,
filing of forms and
applications? Yes. A charter school must follow the same requirements as
other local educational agencies.
Both state and federal funds are appropriated under Article 5 of the State
School Aid Act of
1979, as amended, MCL 388.1651a et seq.
. Article 5 of the State School Aid Act indicates the funds may be used for
the purpose of
reimbursing districts and intermediate school districts for special
education programs,
services, and special education personnel. . Article 5 of the State School
Aid Act allocates funds for: i. Special education programs and services as
defined in Article 3 of the Revised
School Code, MCL 380.1701, et seq. ii. A total of salaries and other
compensation paid to approved special education
personnel. Rule 340.1771 through Rule 340.1799g provide personnel approval
criteria. . Section 388.1658 of the State School Aid Act, allocates funds to
districts and
intermediate districts for providing specialized transportation services, as
determined by
MDE, for pupils in special education programs and services as defined in
Section 388.6 18
of the Revised School Code. Specialized transportation services are defined
in Rule
388.371 of the Michigan Administrative Code Rules governing State Aid for
Transportation of School Children. 54. Must a charter school adhere to all
provisions of IDEA, the Michigan Revised Administrative
Rules for Special Education, the Family Education Rights and Privacy Act,
and other state and
federal statutes? Yes. The IDEA considers the state as a whole. If the state
(as a whole) receives federal funds,
then all entities of the public educational system are responsible to comply
with IDEA
provisions, including ensuring that each eligible child with a disability is
provided a "free
appropriate public education." Michigan complies with the IDEA in its
implementing
regulations. A charter school is required to adhere to Michigan statutes and
rules for special
education, as well as the federal requirements.
The Family Education Rights and Privacy Act (34 CFR Part 99) (FERPA) has a
broader applicability
than special education; it applies to all public educational entities and
their students, whether or
not special education is at issue. The purpose of FERPA is to protect the
confidentiality of
student educational records. FERPA is a federal law that affords parents the
right to have access
to their children's education records, the right to seek to have the records
amended, and the
right to have some control over the disclosure of information from the
records. Educational
institutions shall not release educational records to non-school employees
without consent of
the parents. FERPA does permit schools to work with juvenile justice system
agencies. Failure
of an educational agency or institution to comply with FERPA can result in
loss of federal
funding.
Section 504 of the Rehabilitation Act of 1973, as amended, P.L. 93-112,
requires that "no
qualified handicapped person shall, on the basis of handicap, be excluded
from participation in,
be denied the benefits from Federal financial assistance.." The Office for
Civil Rights of the U.S.
Department of Education enforces the law prohibiting specific discriminatory
activities. The law
applies to elementary and secondary, as well as postsecondary schools. The
Act was
reauthorized in 1998 with amendments and added links to the Workforce
Investment
Partnership Act of 1998. The Rehabilitation Act Amendments of 1998 included
extensive links
between vocational rehabilitation agencies and state workforce systems.
Section 504 also includes "hidden disabilities," such as physical and mental
impairments that are
not readily apparent to others (i.e., learning disabilities, diabetes,
epilepsy, heart disease, and
chronic illness).
55. Is the intermediate school district required to monitor special
education programs and
services? Yes. A charter school is identified in statute as a local public
school district and has the same
rights and responsibilities as any other school district. MDE is required to
monitor local and
intermediate school districts for compliance with the IDEA and with Michigan's
Administrative
Rules for Special Education. This activity includes a charter school.
19
The intermediate school districts are an integral part of the monitoring
process. As such,
intermediate school districts must monitor a charter school to ensure their
compliance with
pertinent special education requirements.
56. To what extent is an intermediate school district responsible for
charter schools serving pupils
whose parents reside outside of the intermediate school district where the
charter school is
located? For purposes of special education, the charter school is a
constituent district of the intermediate
school district in which it is located. The intermediate school district has
the same responsibility
to the charter school as it does to any other constituent district. It is
not unusual for a public
school district to serve pupils who come from other districts, including
pupils whose parents live
in another intermediate school district. The intermediate school district
has the same obligation
to pupils whose parents live elsewhere as it does to any other pupil legally
enrolled by a
constituent district.
Section 51a (15) of the State School Aid Act (MCL 388.1651a(15)) further
clarifies:
(15) If a public school academy enrolls pursuant to this section a pupil who
resides
outside of the intermediate district in which the public school academy is
located
and who is eligible for special education programs and services according to
statute
or rule, or who is a child with disabilities, as defined under the
individuals with
disabilities education act, Public Law 108-446, the provision of special
education
programs and services and the payment of the added costs of special
education
programs and services for the pupil are the responsibility of the district
and
intermediate district in which the pupil resides unless the enrolling
district or
intermediate district has a written agreement with the district or
intermediate
district in which the pupil resides or the public school academy for the
purpose of
providing the pupil with a free appropriate public education and the written
agreement includes at least an agreement on the responsibility for the
payment of
the added costs of special education programs and services for the pupil.
57. Is there a need to certify charter school students for special education
services and identify
them as such on the enrollment count if the charter school is not planning
to claim additional
state funding or federal funding? If "certify" refers to the process of
identifying children who are suspected to have a disability
under state or federal law, the response is yes. This is called Child Find
under the federal
regulations. There is a need to complete the "child find" requirements
irrespective of
application or claim for additional state or federal funding.
The State of Michigan is responsible to ensure a free and appropriate public
education for every
student with a disability who is enrolled in its public school system. Since
a charter school is a
public school, it is bound by the same requirements as other public
intermediate and local
school districts within the state. The determination of a charter school to
seek no state or
federal funds related to special education does not exempt it from this
obligation.
20
58. If a charter school contracts with a private entity to provide speech,
psychological, and social
work services: (a) must the credentials of the providers be the same as
those employed by
public schools in general; and (b) must the charter school submit its
personnel inventory to
the intermediate school district? This response is intended to refer only to
professional personnel related to "special education
programs or services."
In response to part "(a)" of the question, the answer is yes. Standards are
articulated in the
Administrative Rules for Special Education and the rules governing different
professional
specialties.
In response to part "(b)" of the question, to meet federal reporting
requirements prerequisite to
receipt of federal funds requires reporting particular information about
public school students
and professional personnel to the federal government on an annual basis.
This information is
collected through the Michigan Department of Education's Registry of
Education Personnel
(REP). REP data are collected semi-annually in December and June. This
process is implemented
through the local school districts data collection procedures. If there are
students with
individualized education programs enrolled in a charter school, then the
information pertaining
to special education programs or services to those students must be reported
as part of the
"December One Count" through the Michigan Compliance Information System
(MICIS).
For further information regarding special education, you may contact MDE's
Office of Special
Education & Early Intervention Services at (517) 373-0923.
21
----- Original Message -----
From: "Larry Posont" <president.nfb.mi at gmail.com>
To: "nfbmi List" <nfbmi-talk at nfbnet.org>
Sent: Tuesday, July 16, 2013 6:22 PM
Subject: [nfbmi-talk] Fw: Agenda for the BSBP Commission for Blind
Personsmeeting July 18, 2013
From: Rodgers, Edward (LARA)
Sent: Tuesday, July 16, 2013 4:17 PM
To: Larry Posont (president.nfb.mi at gmail.com) ; Joe Sibley
(joe.sibley at comcast.net)
Subject: Agenda for the BSBP Commission for Blind Persons meeting July 18,
2013
Commission for Blind Persons (Commission)
Thursday, July 18, 2013
Victor Building, 3rd Floor, Conference room A/B,
201 N. Washington Square
Lansing, MI
9:30 a.m. - 2:00 p.m.
Meeting Agenda
Live audio streaming of the meeting will be available online at the Bureau
of Services for Blind Persons (Bureau) web site at www.michigan.gov/bsbp.
Participants:
Commission: Lylas G. Mogk, Chair Josie Barnes-Parker
LeeAnn Buckingham Joseph E. Sibley
Marianne Dunn Michael J.
Hudson
Gary Gaynor (absent with cause)
Bureau of Services for Blind Persons (Bureau):
Edward F. Rodgers II, Director
Mike Pemble, Deputy Director and
Administrative Services Manager
Leamon Jones, Consumer Services Director
Lisa Kisiel, Acting Training Center Director
Constance Zanger, Business Enterprise Program Manager
I. Call to Order, Welcome
Announcements, Introductions
L. Mogk and All 9:30 -9:40
II. Report from the Director and Questions from Commission
Director Rodgers 9:40-10:40
A. Status of proposed Charter School for the Blind
B. Status of Training Center Director Appointment
C. Training Center Business Plan
D. Overview and Discussion of State Plan
E. Clarification of how Commission's input will be considered regarding
BSBP programs and policies
III. Review and Discussion of Questions/Responses submitted in
Advance
Director Rodgers
and Staff 10:40-11:40
A. MCRS and the Commission: L. Mogk
B. Vocational Rehabilitation:
J. Barnes - Parker
G. Gaynor
C. BEP/Randolph Sheppard:
L. Buckingham
J. Sibley
L. Mogk
IV. Public Comment
11:40-12:00
Lunch Break
12:00 - 1:00
(Lunch is provided for Commissioners and
participants in the meeting)
V. Subcommittee Reports, Questions, Discussion and Next Steps
Commission 1:00-1:45
A. BEP: L. Buckingham
J. Sibley
B. Training Center: M. Dunn
C. Consumer Services: J. Barnes - Parker
G. Gaynor
VI. Upcoming Meetings
L. Mogk 1:45-1:50
VII. Public Comment
1:50-2:00
VIII. Adjournment
(Please note new Commissioner email address at
bsbpcommissioners at michigan.gov)
*NOTE: Public comment may be submitted in written form until 5:00 p.m. July
22, 2013 via email to bsbppubliccomments at gmail.com included in whole as an
addendum to the meeting minutes. Emails received outside of this time frame
are not considered part of Public Comment. The Commissioners can be reached
at bsbpcommissioners at michigan.gov. This is an email box that all
Commissioners have access to.
--------------------------------------------------------------------------------
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