C ATHERINE P AYNE D AVID Y. I GE C HAIRPERSON G OVERNOR S TATE OF H - PDF document

C ATHERINE P AYNE D AVID Y. I GE C HAIRPERSON G OVERNOR S TATE OF H AWAII S TATE P UBLIC C HARTER S CHOOL C OMMISSION ( ʻA HA K ULA H O ʻ ĀMANA ) 1111 Bishop Street, Suite 516, Honolulu, Hawaii 96813 Tel: (808) 586-3775 Fax: (808) 586-3776 RECCOMENDATION SUBMITTAL DATE OF SUBMITTAL: February 5, 2018 DATE OF MEETING: February 8, 2018 TO: Catherine Payne, Chairperson FROM: John Kim, Chairperson, Performance & Accountability Committee AGENDA ITEM: VI. C. Presentation and Action of Charter Schools Closure Protocol I. DESCRIPTION Adopting a school closure protocol to be used by the Commission in event of a school closure resulting from voluntary surrender of a charter, revocation, or nonrenewal of a charter contract. II. POLICY CONTEXT School Closure Protocol : Authorizers are required to develop a school closure protocol pursuant to Section 302D-19(a), Hawaii Revised Statutes (HRS). The statute provides that, “prior to any public charter school closure decision, an authorizer shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets in accordance with the requirements of this chapter. The protocol shall specify tasks, timelines, and responsible parties, including delineating the respective duties of the school and the authorizer. In the event of a public charter school closure for any reason, the authorizer shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol.” Charter Contract Revocation or Non-Renewal : Section 302D-18(g), HRS provides that a charter contract may be revoked at any time or not renewed if the authorizer determines 1

that the charter school: “committed a material and substantial violation of any of the terms, conditions, standards, or procedures required under this chapter or the charter contract; failed to meet or make sufficient progress toward performance expectation set forth in the contract; failed to meet generally accepted standards of fiscal management; or substantially violated any material provision of law from which the charter school is not exempted.” III. BACKGROUND At the August 24, 2017 Administration and Operations Committee meeting discussed adopting a school closure protocol. The Committee requested that staff present the school’s recommended tasks related to school closure to the Commission’s Performance and Accountability Committee. At the January 11, 2018 Performance & Accountability Committee meeting, the closure protocol attached as Exhibit 1 was discussed. The Committee voted to recommend the approval of the school closure protocol as a working document to the Commission. IV. PROPOSED CLOSURE PROTOCOL Section 302D-19, HRS requires authorizers to adopt a school closure protocol to be used in the event that a charter school should close. The closure protocol attached as Exhibit 1 outlines the responsibilities of the authorizer and the governing board and administration of the closing school incorporates the requirements of Section 302D-19(a), HRS and is based on best practices put forth by the National Association of Charter School Authorizers (NACSA). According to NACSA, a strong closure plan includes: • “Notification to all stakeholders, including parents, students, community members, the press, funders, creditors, debtors, contractors, receiving schools or districts and state education agencies; • Creation of a closure team that includes a project manager from the authorizer, and one from the school, as well as individuals with expertise in law, finance, and school administration; • Detailed instructions regarding the treatment of student records; • Detailed instructions regarding the treatment of corporate records; • Financial reporting requirements; • Detailed instructions regarding the treatment of debtors, creditors, and assets; • Development of a post-end-of-classes plan that addresses the corporate activities that must occur, such as closing bank accounts, terminating staff, and making final tax payments; and • A process for protection and disposition of assets.” V. RECOMMENDATION Performance & Accountability Committee Recommends: 2

Move to recommend approval of the charter school closure protocol draft as a working document. 3

Exhibit 1 Proposed School Closure Protocol 4

School Closure Protocol: Closures resulting from voluntary surrender of charter, revocation or nonrenewal of a charter contract. Action Item Responsibility for Completion Completing Action Date Within 24 hours of the voluntary surrender of a charter or a decision by the Commission resulting in the closure of a charter school 1 Establish Transition Team and Assign Roles Commission and The Commission will create a team Charter School dedicated to ensuring a smooth transition Board Chair for students and staff and an orderly closure of the school’s business. The team will include but not be limited to: • A member of the Commission; • The Commission Executive Director or his designee; • The Commission Chief Financial Officer; • Charter school board chair; • Administrator from the charter school; • Lead finance person from the charter school; and • Designated representative from the charter school faculty. 2 Initial Closure Notification Letter: Parents, Commission and Faculty, Staff Charter School Provide a written letter to the faculty, staff, Board Chair and parents outlining: • Closure decision; • Timeline for transition; • Help Line information; • Charter school contact information; and • Commission contact information. 3 Initial Closure Notification Letter: State & Commission and Local Agencies Charter School Notify HIDOE and complex areas, as Board Chair appropriate, of the closure for purposes of preparation to enroll additional students, with notification to include: • Notification materials distributed to the parents, faulty, and staff; and • Commission decision materials. 5

4 Talking Points Commission and Create talking points for parents, faculty, Charter School community and press. Focus on Board Chair communicating plans for orderly transition of students and staff. Distribute to transition team. 5 Press Release Commission and Create and distribute a press release that Charter School includes the following: Board Chair • History of school; • Commission school closure policies; • Reason(s) for school closure; • Outline of support that will be provided to students, parents, and school staff; and • Press point person for the Commission and the school. 6 Secure Student Records Charter School Ensure, to the extent possible, that all Administrator Lead student records are complete, organized, up to date, and maintained in a secure location. 7 Secure Financial Records Charter School Ensure, to the extent possible, that all Financial Lead financial records are complete, organized, up to date, and maintained in a secure location. 8 Parent Contact Information Charter School Provide a copy of parent contact information Administrator Lead to the Commission. Parent Contact List to include: • Student name; • Address; • Telephone; • Email address 9 Faculty Contact Information Charter School Provide a copy of faculty contact information Faculty Lead to the Commission. Faculty Contact List to include: • Name; • Position; • Address; • Telephone; • Email address 6

Within 48 hours of the Commission’s vote to close the charter school 10 Assign Transition Team Action Item Commission and Responsibilities Charter School Distribute contact information to all Board Chair transition team members, set calendar for meetings, and assign projected dates for completion of each charter school closure action item. 11 Terminate Summer Instruction Program Charter School Take appropriate action to terminate any Board Chair and summer instruction, such as cancelling Administrator Lead teacher contracts. Within 72 hours of the Commission’s vote to close the charter school 12 Documented Plan for Completion of Final Charter School Report Cards and Student Records Administrative and The school will provide the Commission with Faculty Lead, a written plan detailing how school staff will Charter School ensure that final report cards are completed Board Chair and all student records updated and ready for transfer to the appropriate agencies. The plan should include: • A detailed timeline; • Identification of the specific staff members who are responsible for these tasks; and • Specific details on how special education records will be updated and prepared for transfer. Within 7 days of the Commission’s vote to close the charter school 13 Establish Use of Reserve Funds Commission, Charter If the school has any reserve funds, School Board Chair, Commission staff shall work with the Charter School governing board and/or its designee(s) to Financial Lead identify these reserve funds so that Commission staff can determine the acceptable use of such funds to support the orderly closure of the school. 14 Union Notification Pursuant to any Charter School Collective Bargaining Agreement Board Chair If applicable, the school will work with Department of the Attorney General to notify unions (HSTA/HGEA/UPW) of the termination of collective bargaining agreements (CBAs) pursuant to the notice requirements set forth in any existing CBA or 7