Your Questions About Writing & Amending Charters

 

 

This page will be a place for your questions and our answers about writing & amending charters.  We will post new information as we receive it.  Feel free to ask us a question by filling out the form below.

 

 

Note: Should we post a question, we will not identify the writer.


 

Q:  Can you clarify transportation of students & charter schools? 

 

 

A:  To understand charter school transportation, you have to first understand the existing transportation law for public schools. These laws are part of the guidelines for charter public school transportation. Here are 3 provisions of current transportation for any public school: 

1.  RSA 189:6 Transportation of Pupils. – The local school district shall furnish transportation to all pupils in grade 1 through grade 8 who live more than 2 miles from the school to which they are assigned. The local school board may furnish transportation to kindergarten pupils, pupils in grades above the eighth or to any pupils residing less than 2 miles from the school to which they are assigned, when it finds that this is appropriate, and shall furnish it when so directed by the commissioner of education.

Important point: There is no transportation requirement in New Hampshire for students in grade 9-12. 

2.   189:8 Limitations and Additions. – Pupils entitled to transportation in accordance with RSA 189:6 may be required to walk a distance not to exceed one mile to a school bus stop established by the local school board. Pupils residing in areas which are inaccessible by a local school district's established mode of transportation may be required to walk a distance not to exceed 1- 1/2 miles to a school bus stop, provided that the vehicle, route and schedule have been approved by the commissioner of education. School districts shall assure that pupils shall not be subject to unsafe conditions while walking the required distance to a school bus stop and that the school bus stop is established in a safe location. 

Important point: Safety is a consideration when asking children to walk to a bus stop.

3.  189:9 Pupils in Private Schools. – Pupils attending approved private schools, up to and including the twelfth grade, shall be entitled to the same transportation privileges within any town or district as are provided for pupils in public schools. 

Important point:  Within any town, students attending a school other than the public school are entitled to transportation to that school within that town. 

Charter School Law on Transportation: 

IX. Attendance at a charter school for the purposes of transportation shall not constitute assignment under the provisions of RSA 189:6 and RSA 189:8. Pupils who reside in the school district in which the open enrollment or charter school is located shall be provided transportation to that school by the district on the same terms and conditions as provided for in RSA 189:6 and RSA 189:8 and that transportation is provided to pupils attending other public schools within that district. However, any added costs for such transportation services shall be borne by the charter school. For the purposes of open enrollment, neither the sending nor the receiving school district shall be obligated.

Important Points: Each district treats students attending a charter school in its town like any other student going to a school in its town or school district. There is no assignment of transportation duty to the district if the student chooses to attend a charter school outside of his/her district. Also, at the 9-12 level, there is no transportation requirement in New Hampshire.


 

Q:  Can local school districts still approve charter schools in New Hampshire?

 

 

A:  Yes. A charter school can be approved by the local district or by the state. There are 2 different procedures. To have local approval, a district needs to have a the legislative body vote to accept the provisions of this law. Then, proposals can come forward.


In 6 cities, the city council votes to accept this provision. In 1 city (Concord, the school board votes to accept this provision. In all other cities and towns, the voters vote to accept this provision if a warrant article is submitted by petition or placed on the warrant by the school board.


 

Q:  Have any school district passed this provision to accept charter applications?

 

 

A:  Yes. Tamworth, Pelham, Londonderry, Bedford, Lyme, and other districts during the mid-1990s more recently Franklin and Mascoma.  The adoption wording is confusing but basically the vote is to allow proposals to come forward without any commitment to approve anything. The vote opens the door for ideas coming forward.


 

Q: What are your guidelines when it comes to teacher certification? Do you follow the NCLB guidelines?

 

 

A:  When the federal NCLB law was written, there was a decision to leave federal charter school law (which defers to state charter school law) mostly free of regulation. New Hampshire's charter school law says that 50% of teachers must be certified or have 3 years experience teaching. The goal of the charter school is achievement results, so schools will surely attempt to locate teachers focused on results. We have 1 special education school approved and in that school the charter says all teachers will be experienced and also certified.


 

Q: What are New Hampshire's charter school guidelines for testing?  Do you recommend testing in the 3rd, 6th and 10th grades, and how are the results used?

 

 

A: New Hampshire's charter school statute requires that the state's test be given in charter schools. Schools must report their student performance results each year. Charter school applications have a section for describing the school's evaluation plan.

The 3rd, 6th, 10th approach may show trends, but does not help schools really focus on improved learning for individual students as they move from year to year. It's too late at end of grade 3 to find out a student didn't learn to read during grades 1 and 2. It's too late to find out in grade 6 that a student made no learning progress in math during grades 4, 5, and 6.  I recommend much closer following of student achievement--for many reasons. One is to make sure students are not spending time on material they have already mastered and can move ahead. So in areas of literacy --math, reading, writing, spelling-- I personally would recommend base line screening at the beginning of the year; updates during the year 2 or 3 x, and a year-end assessment, translating this into into a finely-tuned plan for each student's learning that guarantees we really help students become literate in basic areas before middle school. 


 

Q: You mentioned new legislative guidelines specifically requiring an accountability plan based on goals. I would like something concrete to reference.  Are these guidelines already in the Charter Laws or is there another place to locate them?

 

 

A: SB 421 passed this legislative session, effective at time of passage, bringing with it a revision to charter school law and a few additional charter school requirements (for applications and for actual opening of the school). In addition, the State Board of Education itself developed certain new policies that now apply to all charter school approved to open.

 

1. SB 421   

 

There are 2 new provisions for start-up charter schools: 1) an accountability plan ready prior to school open (the school's evaluation and continuation will be based on this plan--this a good reason to make sure your charter school goals are clearly written and measurable), and 2) registration with the Secretary of State. This registration is not defined so  name, address, phone #'s of Board of Trustees, and name and phone/fax/web site of the school's facilities are recommended. NH Center for School Reform is working on a sample registration form. 

 

2. The State Board of Education is now requiring all initial Board Trustees to have Criminal History Record Checks prior to the charter being unconditionally authorized.

 

For SB 421 changes, see below.

222:6 New Subparagraph; Charter Schools; Establishment and Application. Amend RSA 194-B:3, II by inserting after subparagraph (cc) the following new subparagraph:

 

(dd) An outline of the proposed accountability plan which clarifies expectations for evaluating the school’s program and which contains an acknowledgement that a full accountability plan shall be developed and ready to implement prior to the date of opening.

 

222:7 Charter Schools; Authority and Duties of Board of Trustees. Amend the introductory paragraph of RSA 194-B:5, III to read as follows:

 

III. Notwithstanding RSA 194-B:1, III, an established charter school shall be a corporation, which shall be registered with the secretary of state after receiving approval under this chapter but before its first day of actual operation, with authority necessary or desirable to carry out its charter program including, but not limited to, the following:

 


 

Q: What's the procedure for amending our charter? 

 

 

A: The Department of Education is using the following procedure:


1) the amendment request is submitted in writing to the Department of Education through Joyce Johnson's office,

2) the amendment is reviewed by DOE,

3) after review and if there is no problem, the request will go on the State Board of Education's Consent Agenda.

A formal record of Charter changes is needed because each school is accountable for compliance with its charter. I suggest the request for charter revision include 1) a cover letter with the change(s) you seek, 2)  the page(s) you want to amend, and 3) the replacement page(s) with revisions clearly noted .


Q: We're changing the name "Program Coordinator" to "School Director", referring to the head of the school person. Does this change require a revision of the charter?

 

A: No. A position name change doesn't rise to the level of needing a charter revision. Changing the name of the school, however, would require notification and request to the DOE, as well as other agencies where your school is registered.  Changing position titles would likely  require a vote of the Board, at least during initial years when the school is refining its design.


 

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